Indiana Supreme Court

Smoking ban dispute heads to Supreme Court

December 30, 2015
Dave Stafford
The Indiana Supreme Court wants to hear more from Hoosier Park about why patrons at its Winner’s Circle off-track betting parlor in Indianapolis should be allowed to light up when smoking in public is otherwise generally banned by city ordinance.
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6 counties next in line for trial court e-filing

December 28, 2015
 Associated Press
Six Indiana counties — Clark, Harrison, Henry, St. Joseph, Shelby and Wells — will be joining Hamilton County in implementing e-filing in the trial courts during the first half of 2016, with more to come later.
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Justices take intoxicated motorist case that divided COA

December 24, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether any answer short of an “unqualified, unequivocal assent” to a chemical test constitutes a refusal resulting in a driver’s license suspension, as the Indiana Court of Appeals concluded in September.
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Split court reverses dismissal of complaint against probation officers

December 22, 2015
The Indiana Supreme Court decided 3-2 Tuesday to reverse the dismissal of a man’s claims arising out of his incarceration for a probation violation that allegedly occurred after his term of probation had expired.
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Justices to hear arguments over Indy OTB smoking

December 18, 2015
Dave Stafford
The Indiana Supreme Court has scheduled arguments next month that could determine whether an Indianapolis off-track betting parlor may continue to allow smoking that’s otherwise banned in Marion County bars, restaurants and public places.
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Retired AM General CEO wins Supreme Court pay dispute

December 17, 2015
Dave Stafford
The former president and CEO of South Bend-based AM General LLC was due the full benefit of a long-term incentive plan in cash when he retired, the Indiana Supreme Court ruled Wednesday.
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Justices affirm ruling for school in fired principal’s suit

December 16, 2015
Jennifer Nelson
An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.
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Law office whistleblower key in disbarment

December 16, 2015
Dave Stafford
The former office manager who blew the whistle on an Indianapolis lawyer disbarred recently by the Indiana Supreme Court said he paid a personal and professional price and endured threats from his ex-boss after reporting his egregiously unethical conduct.
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New Albany man challenges death sentence in 2012 murder

December 10, 2015
 Associated Press
An attorney for a southern Indiana man convicted of killing three women argued Thursday that his death sentence in one of the slayings should be thrown out because the judge didn't sufficiently consider the importance of his confession.
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Indiana Tax Court moves to e-filing in January

December 9, 2015
IL Staff
Beginning Jan. 4, all three of Indiana’s appellate courts will accept electronic filing. Indiana Chief Justice Loretta Rush signed an order Wednesday announcing the Tax Court’s addition to the e-filing project.
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Paralyzed woman’s claim against security guard’s company proceeds

December 8, 2015
Jennifer Nelson
Whether a security guard, who shot a woman during an argument while he was on duty, was acting to further his employer’s business when he shot her is a matter that should be decided by a judge or jury, the Indiana Supreme Court held Tuesday.
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Hearing set in southern Indiana quadruple killing appeal

December 7, 2015
 Associated Press
A southern Indiana man's appeal of his conviction in the shooting deaths of four people is set to go before the state Supreme Court later this month.
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Justices to decide dealership relocation dispute

December 3, 2015
IL Staff
The Indiana Supreme Court is going to decide whether a Toyota dealership can relocate from Anderson to Fishers over the objections of three existing greater Indianapolis Toyota dealers.
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‘Elkhart Four’ ruling stands

December 2, 2015
Marilyn Odendahl
The Indiana Supreme Court has denied the state’s petition for a rehearing in the "Elkhart Four" felony murder case.
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Insurance agents denied summary judgment in lawsuit filed after fire

December 2, 2015
Jennifer Nelson
A man’s lawsuit will continue against an insurance agent and his agency after they insured his rental property but then denied coverage after a fire, alleging the man misrepresented the property’s condition.
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Justices disbar lawyer for theft of $150K from clients, ‘brazenness’

December 1, 2015
Dave Stafford
An Indianapolis lawyer has been disbarred for stealing about $150,000 from his clients, “disclosing client confidences for purposes of both retaliation and amusement, threatening and intimidating his office staff (and) lying pervasively to all comers,” according to the Indiana Supreme Court.
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Annexation battle over ‘reasonably near future’ continues in Indiana Supreme Court

November 30, 2015
Marilyn Odendahl
The second in a series of annexation battles was presented to the Indiana Supreme Court Nov. 25, this time asking the justices to review the Legislature’s intent when allowing cities and towns to bring in unincorporated areas for development.
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Retiring Indiana justice praises state selection process

November 30, 2015
 Associated Press
An Indiana Supreme Court justice who is stepping down says he believes the state's process for picking his replacement contributes to public confidence in the court system.
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Dickson: ‘I was ready and the time was right’

November 18, 2015
Dave Stafford
Retirement of the second-longest serving justice opens up the fourth Supreme Court vacancy in five years.
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Justices weigh whether state RICO-inspired statute applies to street crimes

November 18, 2015
Dave Stafford
Ashonta Kenya Jackson was the wheelman, driving a getaway car while younger men robbed an Anderson liquor store twice in a month and held up a bank. Is he a racketeer?
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Supreme Court justice applications due in late January

November 12, 2015
IL Staff
Those interested in becoming the 109th Indiana Supreme Court justice tentatively have until Jan. 25 to apply. Applications for the vacancy to be created by Justice Brent Dickson’s retirement are now available online.
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4 vie for Judicial Nominating Commission position

November 11, 2015
Dave Stafford
Lawyers mostly in southern Indiana are selecting one of their peers to have a say in who will be the next justice appointed to the Indiana Supreme Court.
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Man loses appeal to revoke spousal maintenance

November 10, 2015
Jennifer Nelson
An ex-husband who sought “all-or-nothing” relief when he asked the court to terminate his ex-wife’s incapacity support instead of reducing it after she remarried lost his appeal before the Indiana Supreme Court.
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Justices: Jury should hear defense of necessity instruction

November 10, 2015
Jennifer Nelson
The Indiana Supreme Court ordered a new trial for a man convicted of a misdemeanor gun charge after finding he presented sufficient evidence to have the jury instructed on his defense of necessity.
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Justice Brent Dickson announces retirement

November 9, 2015
IL Staff
Even if Justice Brent Dickson wasn’t required to give up his seat on the Indiana Supreme Court when he turns 75 in July, he said Monday his decision to retire would be the same.
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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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