Indiana Supreme Court

Split court upholds man’s conviction for conspiracy to commit robbery

July 22, 2014
Jennifer Nelson
Citing an issue of first impression, the majority on the Indiana Supreme Court Tuesday concluded that a man could be convicted of Class A felony conspiracy to commit robbery even though the targeted victim was not robbed or harmed in any way.
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Justices agree amendment adding defendants was timely filed

July 21, 2014
Jennifer Nelson
The Indiana Supreme Court on Monday granted transfer to a case and adopted the Court of Appeals opinion in the matter involving a wrongful death claim stemming from a mower accident.
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State to scope Indy block for new building to house judiciary, legislative office space

July 18, 2014
Kathleen McLaughlin
Gov. Mike Pence’s administration is in the early stages of a land-use study for a hot piece of downtown Indianapolis property north of the Statehouse.
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Justices uphold $94,000 in damages, fees for failed condo sale

July 17, 2014
Jennifer Nelson
The Indiana Supreme Court agreed with the trial court that a seller of a condo whose buyers backed out of the purchase agreement over failed repairs could have mitigated her damages by selling the condo in 2007 to a different buyer instead of waiting until 2011 and accepting a lower price.
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Task force: Keep pro bono hours anonymous

July 16, 2014
Marilyn Odendahl
A task force at the recommendation of the Indiana Supreme Court recently looked at five areas concerning pro bono work and the reporting of hours, including whether attorneys' reported pro bono hours should be disclosed publicly.
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Task force makes recommendations for pro bono reporting

July 14, 2014
Marilyn Odendahl
As the Indiana Supreme Court continues to consider mandating all Indiana attorneys report the number of pro bono hours they work, a task force has proposed that the donated hours be disclosed publicly only in an aggregate form rather than identifying the number of pro bono hours performed by an individual or a firm.
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New chief justice to be selected Aug. 6

July 11, 2014
Dave Stafford
The next chief justice of the Indiana Supreme Court will be chosen by the Judicial Nominating Commission Aug. 6, the court announced Friday.
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Supreme Court vacates parental termination for jailed mom

July 11, 2014
Dave Stafford
A juvenile court abused it discretion by proceeding with a hearing and terminating a mother’s parental rights in her absence because she was in jail, the Indiana Supreme Court ruled Thursday. Her attorney’s failure to ensure she was heard from also denied her a fair hearing, justices ruled.
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Dickson says consensus among justices on next chief unlikely

July 10, 2014
Dave Stafford
Before Brent Dickson was selected chief justice of the Indiana Supreme Court more than two years ago, his fellow justices came one by one before the Judicial Nominating Commission and said he was the man for the job.
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Supreme Court affirms COA on issue in public-private contract

July 9, 2014
Jennifer Nelson
In a mere three sentences, the Indiana Supreme Court summarily affirmed the Indiana Court of Appeals opinion in the lawsuit involving Veolia Water and the city of Indianapolis and liability for damages resulting from a fire that destroyed a restaurant.
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Split Supreme Court vacates transfer in re-entry case

July 9, 2014
Jennifer Nelson
The Indiana Supreme Court took action on one case last week, vacating the transfer it granted in April in a case challenging the termination from a county re-entry court program.
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Justices to answer whether fund can pursue claim against an insurer

July 7, 2014
Jennifer Nelson
The Indiana Supreme Court has accepted a certified question from a federal court in northern Indiana in a case filed by the Indiana Patient Compensation Fund against a professional liability insurance provider involving claims against former doctor Mark Weinberger.
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Justices suspend 2 attorneys, concerned whether one is fit to practice

July 2, 2014
Jennifer Nelson
The Indiana Supreme Court issued two disciplinary opinions Wednesday, including a decision in which the justices suspended an Indianapolis attorney for at least 18 months, citing his “serious deficiencies in representing clients and himself.”
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Indiana to raise attorney registration fees

July 2, 2014
Dave Stafford
Annual registration fees for Indiana attorneys will increase nearly 25 percent, the Indiana Supreme Court announced in an order issued Monday.
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Justice argues majority opinion does not give clear guidance going forward

June 30, 2014
Jennifer Nelson
The Indiana Supreme Court by a vote of 3-2 upheld a man’s Class B misdemeanor public intoxication conviction, with the dissenting justices concerned that the majority opinion “muddies the judicial water.”
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Plea agreement did not give court ability to impose restrictive probation

June 30, 2014
Marilyn Odendahl
A trial court went too far when it accepted a plea agreement then imposed a one-year term in work release as a condition of probation, the Indiana Supreme Court ruled.
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Justices reverse resisting conviction for man who walked from police

June 30, 2014
Dave Stafford
A man who walked away from police after they ordered him to stop was wrongly convicted of resisting law enforcement, the Indiana Supreme Court held Friday in one of two cases that reviewed the statute.
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Justices end suit against Gary Railcats over foul-ball injury

June 27, 2014
Dave Stafford
A fan who suffered fractured facial bones and was blinded in one eye after she was struck by a foul ball at a Gary SouthShore Railcats baseball game may not proceed with a lawsuit against the team, the Indiana Supreme Court ruled Friday.
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Justices decline to take divorce case involving lump sum SSDI payment

June 23, 2014
Jennifer Nelson
A divided Indiana Supreme Court will let stand the lower court ruling that affirmed a lump sum Social Security Disability Insurance payment was not an asset of marriage subject to division.
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Justices affirm convictions after toddler found wandering by police

June 20, 2014
Jennifer Nelson
The Indiana Supreme Court affirmed the admittance of drugs and other evidence obtained by police after searching an apartment following a report of an unattended child. The justices found both parents gave their consent for police to make sure the apartment was fit before returning the child to their care.
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Treble damages under Sales Rep Act not subject to Punitive Damages Act

June 20, 2014
Jennifer Nelson
The Indiana Supreme Court unanimously held Thursday that treble damages under the Sales Representative Act are not subject to the Punitive Damages Act.
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Commission announces new fees for CLE

June 19, 2014
IL Staff
Attorneys and sponsors who are late in reporting attendance to the Indiana Commission for Continuing Legal Education will be subject to up to a $50 fee, according to an order released by the Indiana Supreme Court.
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Ogden receives 30-day suspension for criticizing judge

June 18, 2014
Jennifer Nelson
Indianapolis attorney and blogger Paul Ogden has been suspended for 30 days by the Indiana Supreme Court based on comments he made regarding a judge who presided over an estate case involving Ogden’s client.
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Change at the top means new leadership at Supreme Court

June 18, 2014
Dave Stafford
Chief Justice Brent Dickson led the Indiana Supreme Court for just two years, but attorneys who practice before the court said his decision to hand the reins to a colleague is in keeping with the leadership tone he set. Dickson expects to step down from his position as chief justice sometime before Sept. 1.
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Blogger Brewington seeks rehearing, wants Rush to recuse

June 16, 2014
Dave Stafford
A blogger whose intimidation convictions arising from a child-custody dispute were affirmed by the Indiana Supreme Court is seeking a rehearing in an effort to vacate his convictions.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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