Indiana Supreme Court

Reports break down caseloads, costs in Indiana courts

November 22, 2010
IL Staff
It cost nearly $400 million to operate Indiana courts last year, according to new reports released by the Indiana Supreme Court Division on State Court Administration.
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Justices take sex offender case

November 22, 2010
IL Staff
The Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender for life.
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Chief’s recusal results in split Supreme Court

November 18, 2010
Michael Hoskins
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
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Justices take legal-malpractice insurance case

November 17, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which a legal professional liability insurer claimed it didn’t receive actual notice of claims against the attorney, so the former clients couldn’t collect under the plan.
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Justices disbar attorney

November 12, 2010
Jennifer Nelson
The Indiana Supreme Court chose to disbar a Marion County attorney due to his pattern of neglect in clients’ cases.
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Plaintiff attorney chosen to serve on judicial commissions

November 11, 2010
Michael Hoskins
An Indianapolis plaintiff attorney has received the most votes from colleagues to join the Indiana Judicial Nominating and Judicial Qualifications commissions, and he’ll take a spot on a seven-person panel in January.
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High court vacates transfer order

November 10, 2010
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.
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SCOTUS reverses 7th Circuit a second time on capital case

November 8, 2010
Michael Hoskins
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
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High court takes certified questions in NCAA case

November 4, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.
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High court takes 3 cases

November 2, 2010
IL Staff
The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.
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Order asks for attorneys, court to use more professionalism

November 1, 2010
IL Staff
The Indiana Supreme Court denied a request for a writ of mandamus Friday, but noted that the attorneys and court involved had failed to act as professionally as they should regarding schedules.
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Rules amended regarding default judgments and military service

October 29, 2010
IL Staff
The Indiana Supreme Court has approved amendments to the Indiana small claims and trial procedure rules.
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Rewriting the rules on attorney advertising

October 27, 2010
Michael Hoskins
If you practice law in Indiana, new rules are at your doorstep for how to go about attorney advertising in this state.
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Courts consider foreclosure issues

October 27, 2010
Rebecca Berfanger
To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
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Justice David joins the Indiana Supreme Court

October 27, 2010
Michael Hoskins
One word marked Justice Steven H. David’s beginning on the Indiana Supreme Court: wow.
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High court grants 6 transfers

October 25, 2010
IL Staff
The Indiana Supreme Court took six cases last week, including two cases of first impression before the Indiana Court of Appeals involving attorney’s fees under the Adult Wrongful Death Statute and the modification of a felony conviction to a misdemeanor.
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Supreme Court appoints new justice’s Circuit Court replacement

October 19, 2010
IL Staff
The Indiana Supreme Court has appointed a judge who will fill a vacancy on Boone Circuit Court caused by The Hon. Steven David becoming the newest state justice. The high court appointed attorney J. Jeffrey Edens as judge pro tempore in Boone Circuit Court.
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New justice joins the Indiana Supreme Court

October 18, 2010
Michael Hoskins
The state now has its 106th justice on the Indiana Supreme Court. Justice Steven H. David officially took his oath and donned his black robe for the state’s highest court today, culminating a process that began with a May announcement that Justice Theodore R. Boehm was stepping down from the bench. Gov. Mitch Daniels chose the 15-year Boone Circuit judge about a month ago.
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Judges ask Supreme Court to answer lottery law questions

October 18, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals has decided it needs some assistance from the Indiana Supreme Court to decide whether the National Collegiate Athletic Association’s ticket-distribution system constitutes a lottery under Indiana law.
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SCOTUS declines Indiana death penalty case

October 18, 2010
Michael Hoskins
The nation’s highest court won’t re-consider a ruling by the Indiana Supreme Court late last year that upheld a man’s death sentence and revised its stance on what it means when a jury fails to recommend a unanimous sentence.
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ICLEF gives $100,000 to Indiana Bar Foundation

October 15, 2010
Michael Hoskins
The Indiana Continuing Legal Education Forum’s governing board is giving $100,000 to the Indiana Bar Foundation, which is struggling financially because of low interest rates that have hit IOLTA accounts and created problems in funding pro bono and related programs statewide.
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Updated rules to govern lawyer advertising

October 15, 2010
Michael Hoskins
Culminating a process that began five years ago, the Indiana Supreme Court has approved the first attorney advertising rule change of its kind in about a generation.
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Justices order new trial to determine fault in Ford rollover suit

October 14, 2010
Jennifer Nelson
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
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Justices side with casinos' interests on card counters, problem gambling losses

October 13, 2010
Michael Hoskins
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card counters and holding that pathological gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
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Former Justice Theodore R. Boehm joins Indy dispute resolution firm

October 13, 2010
Michael Hoskins
Aside from writing precedent-setting decisions and rules that govern the entire Hoosier legal community, now-retired Indiana Supreme Court Justice Theodore R. Boehm said there’s one significant part of his legacy on the state’s highest court that is mostly overlooked.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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