Laws

Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute

March 24, 2014
Dave Stafford
A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.
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Agency collecting credit card debt not a creditor, COA rules

March 21, 2014
Marilyn Odendahl
A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.
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Justices: Mother entitled to attorney during CHINS proceedings

March 14, 2014
Jennifer Nelson
Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.
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Court properly denied dentist’s petition for judicial review

March 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.
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Mental health statute limits state’s use of juvenile statements

March 12, 2014
Jennifer Nelson
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.
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Federal suit filed against Indiana marriage statute

March 7, 2014
Marilyn Odendahl
While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.
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Judge strikes Bloomington smoke-detector ordinance; similar measure pends in Indy

February 21, 2014
Dave Stafford
A judge’s recent ruling that struck a Bloomington ordinance requiring hard-wired smoke detectors in rental properties comes as the Indianapolis City-County Council considers raising the requirements for all dwellings in Marion County.
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Justices: Man with Alzheimer’s must be committed per statute

February 19, 2014
Jennifer Nelson
Noting the trial court had the best of intentions when it did not order a man with Alzheimer’s disease committed, the Indiana Supreme Court pointed out the trial court had to order his commitment under Indiana Code 35-36-3-1(b) after he was found not competent to stand trial.
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COA split over whether damages are punitive

January 29, 2014
Jennifer Nelson
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
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Fatal accident leads COA to examine boating statute

December 31, 2013
Jennifer Nelson
A boat operator’s appeal of his convictions stemming from a fatal accident on Lake Monroe in 2010 split the Indiana Court of Appeals as to whether I.C. 14-15-4-1 is unconstitutional as applied.
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Support strong for treatment instead of incarceration in the DOC

December 18, 2013
Marilyn Odendahl
David Powell, executive director of the Indiana Prosecuting Attorneys Council, strongly believes that addressing drug dependency and mental health issues can reduce the state’s recidivism rate and, in turn, lower the crime rate.
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Indiana disability rights group files complaint against Amtrak

December 13, 2013
Marilyn Odendahl
The Indiana Protection and Advocacy Services Commission has filed a disability discrimination complaint against Amtrak for non-compliance with the Americans with Disabilities Act.
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21st Amendment chain blocked from federal cold-beer suit

December 12, 2013
Dave Stafford
A magistrate judge has blocked a retail liquor store chain’s bid to join a federal lawsuit filed by convenience stores challenging an Indiana law that forbids them from selling cold beer.
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Independent analysis finds DOC’s population will grow under new criminal code

December 11, 2013
Marilyn Odendahl
A report released Dec. 10 predicts that Indiana’s new criminal code will increase the number of individuals incarcerated in state prisons to the point where a new facility may have to be built.
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Federal judge blocks Indiana abortion-drug law

November 27, 2013
Dave Stafford
A federal judge Tuesday granted an injunction blocking enforcement of an Indiana law that would have required Planned Parenthood clinics that provide abortion-inducing medications to also meet the requirements of clinics that perform surgical abortions.
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Commitment statute not unconstitutional as applied to man with brain injury

November 26, 2013
Jennifer Nelson
A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury in an auto accident that killed his girlfriend and injured another driver.
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Appeals court upholds Indianapolis smoking ban

November 26, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals Monday upheld the citywide smoking ban in most Indianapolis bars, denying the injunction request brought by several bar owners who claimed the 2012 ordinance would have a negative impact on their businesses.
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Criminal code study committee sets 2 December meeting dates

November 25, 2013
IL Staff
The Criminal Law and Sentencing Policy Study Committee will hold two final meetings in December – Dec. 10 and 19 – to look at funding and sentencing.
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COA permits Knightstown to abolish town court

November 18, 2013
Marilyn Odendahl
A battle between a town council and a judge over the fate of the local town court was stopped with the Indiana Court of Appeals noting the Indiana Legislature tends not to enact statutes that produce “unjust or absurd results.”
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Justices affirm dismissal of Logansport power plant suit

November 13, 2013
Dave Stafford
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
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Criminal code committee still trying to answer funding and sentencing questions

November 7, 2013
Marilyn Odendahl
The Indiana General Assembly passed an overhaul of the state’s criminal code during 2013 but left two major issues for the upcoming session – funding and sentencing.
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Man arrested for public intox at gas station has conviction reversed

October 31, 2013
Jennifer Nelson
Based on the language of the recently amended statute defining public intoxication, the Indiana Court of Appeals reversed a man’s conviction due to lack of evidence that he endangered his life or the life of someone else.
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State to appeal ruling in fenced deer-hunting case

October 16, 2013
IL Staff
The Office of the Indiana Attorney General announced Tuesday that it will appeal a recent Harrison County ruling that held the state couldn’t regulate a fenced deer-hunting operation.
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Man convicted before felony classes implemented can’t convert conviction to misdemeanor

October 16, 2013
Jennifer Nelson
A man who pleaded guilty in 1977 to felony possession of a controlled substance was unable to convince the Indiana Court of Appeals that he is entitled to have his conviction reduced to a misdemeanor.
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Legislature’s criminal law and courts committees continue interim studies

October 2, 2013
IL Staff
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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