Indiana Supreme Court

Justices decline to make bright-line rule on admission of coverage limits

June 9, 2015
Jennifer Nelson
The Indiana Supreme Court affirmed the admission of a couple’s uninsured motorist policy limits at a trial in which the couple sued its insurer to recover under that provision. But in doing so, the justices declined requests by the Indiana Trial Lawyers Association and the Defense Trial Counsel of Indiana to adopt a bright-line rule on the admission of coverage limits.
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Justices split, deny grandparent visitation appeal

June 8, 2015
Dave Stafford
Divided 3-2, the Indiana Supreme Court last week declined to hear the appeal of a grandparent stripped of visitation rights in a Court of Appeals ruling.
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Humane Society ‘disappointed’ justices won’t hear canned-hunt suit

June 8, 2015
Dave Stafford
A deadlocked Indiana Supreme Court declined to hear the state’s appeal of a ruling allowing captive-hunting preserves to operate in the state without regulation. The Humane Society condemned the decision on the controversial hunting practice.
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Justices: Adoption agency didn’t breach duty to couple

June 3, 2015
Jennifer Nelson
The Indiana Supreme Court ruled 4-1 in favor of an adoption agency that it did not have any duties with respect to the putative father registry in excess of statutory requirements. A couple who adopted a baby through the agency – only later to have her removed from their care after the biological father contested the adoption – sued the agency alleging negligence.
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Supreme Court pulls plug on audio-video transcript pilot project

June 3, 2015
Dave Stafford
Transcripts generated by video cameras have had their day in court in Indiana. The verdict is in favor of keeping paper records.
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Supreme Court appoints team to look at pro se litigant problems

June 3, 2015
Marilyn Odendahl
Less than two years after appointing a commission to expand civil legal services for the indigent, the Indiana Supreme Court has assembled another group to examine the nagging problems caused by pro se litigants.
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Plan to establish commercial courts in Indiana moves forward

June 2, 2015
IL Staff
The move to create commercial courts in Indiana, first mentioned by Chief Justice Loretta Rush during her State of the Judiciary address in January, is a step closer to becoming a reality. The Indiana Supreme Court announced Tuesday that it has named a working group to recommend policies and procedures for the courts, which could be hearing cases as early as 2016.
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Justices reinstate med-mal suit against doctor in stillbirth

June 2, 2015
Dave Stafford
The Indiana Supreme Court reinstated a medical malpractice case against a Richmond doctor accused of failing to meet the standard of care in examining a pregnant woman whose child subsequently was stillborn.
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Justices affirm stabbing conviction in evidence appeal

June 2, 2015
Dave Stafford
An Anderson man convicted of stabbing his son-in-law lost his appeal to the Indiana Supreme Court Tuesday. The man claimed the trial court wrongly excluded evidence that the victim told others that he had struck the man with a two-by-four piece of lumber before the knife attack.
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Court rejects Meyers’ claims his trial counsel was ineffective

May 28, 2015
Jennifer Nelson
John R. Myers II, the man convicted of killing Indiana University student Jill Behrman in 2000, was unable to convince the Indiana Court of Appeals that his father-son trial counsel team was ineffective during his murder trial.
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Certified question regarding Patient’s Compensation Fund dismissed

May 21, 2015
IL Staff
The Indiana Supreme Court has dismissed as moot a certified question sent to it from the U.S. District Court in the Northern District of Indiana regarding a claim the Patient’s Compensation Fund sought to pursue against an insurer.
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Justices find nature of murders supports death penalty

May 20, 2015
Jennifer Nelson
A Gary man who shot and killed his wife and her two children at close range will remain on death row, the Indiana Supreme Court concluded Wednesday.
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Man’s life without parole sentence upheld

May 20, 2015
Jennifer Nelson
There is sufficient evidence to affirm a Fulton County man’s sentence of life without parole for his connection in the murder of an elderly woman during a home invasion, the Indiana Supreme Court ruled Wednesday.
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Double jeopardy requires reversal of 1 of prisoner’s convictions

May 20, 2015
Jennifer Nelson
An inmate in the Miami Correctional Facility scored a partial victory before the Indiana Supreme Court Tuesday. The justices reversed one of his convictions for battering a correctional officer, but declined to reduce his eight-year sentence.
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Former Lake County clerk given 4-year suspension

May 19, 2015
Marilyn Odendahl
The former clerk of Lake County who used federal funds to pay himself bonuses has been suspended from the practice of law after the Indiana Supreme Court found he had betrayed the public’s trust and violated both his oath of office and of attorneys.
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Justices author dissents in appeal denials

May 19, 2015
Dave Stafford
The Indiana Supreme Court won't hear two cases in which justices felt compelled to write dissents arguing why they believed toxic-litigation and marital estate distribution appeals should be heard.
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Justices to determine if ‘Spice law’ void for vagueness

May 19, 2015
Dave Stafford
The Indiana Supreme Court will determine whether Indiana’s “Spice law” banning synthetic drugs as new formulations appear is void for vagueness, as separate divided panels of the Court of Appeals ruled in January.
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Justices acquit two involved in fistfight turned fatal

May 15, 2015
Dave Stafford
An Indianapolis teen and another man convicted and sentenced to 15 years in prison for their roles in a planned beatdown that ended with a fatal gunshot will be freed after the Indiana Supreme Court reversed their convictions and ordered them acquitted.
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Divided Supreme Court declines to take med mal case

May 15, 2015
Jennifer Nelson
The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.
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Justices adopt ‘any insurance’ approach in subrogation dispute

May 14, 2015
Jennifer Nelson
Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the "any insurance" approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the "work versus non-work" approach that the Court of Appeals has used.
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Supreme Court suspends Vanderburgh County attorney for 240 days

May 13, 2015
Jennifer Nelson
A southern Indiana attorney has been suspended for violating several professional conduct and discipline rules after he failed to adequately manage his trust account and neglected a client’s case, among other actions constituting misconduct.
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Man not entitled to separate molestation trials, justices hold

May 13, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday rejected a man's argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.
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Justices decline to review $1.4M verdict against Walgreen

May 11, 2015
Dave Stafford
The Indiana Supreme Court will not review a $1.4 million jury award against Walgreen Co. in favor of a woman whose private prescription records were disclosed to a third party by a pharmacist.
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Indiana attorney disbarred by Supreme Court for 'profoundly disturbing' behavior

May 6, 2015
Dave Stafford
R. Mark Keaton lost his license to practice law recently, but that hasn’t stopped him from continuing his vendetta against a woman who ended what the Indiana Supreme Court called “a tempestuous long-distance relationship.”
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Website domain dispute pulled from justices’ calendar

May 5, 2015
Dave Stafford
A dispute over a website address that had been scheduled for oral arguments Wednesday before the Indiana Supreme Court has been settled, an attorney involved in the case said.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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