Indiana Supreme Court

Defendant must try to prevent crime discovery for statute of limitations to toll

February 5, 2015
Jennifer Nelson
In dealing with an issue of first impression, the Indiana Supreme Court found a robbery charge should be dismissed because it was filed outside of the statute of limitations. The state argued the defendant had concealed evidence of the crime, thus tolling the five-year statute of limitations.
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Justices send post-conviction case back to COA for consideration

February 2, 2015
Jennifer Nelson
The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.
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Senate votes to raise judicial retirement age

January 29, 2015
Dave Stafford
Indiana appellate judges could serve until age 80 under a bill that cleared the Indiana Senate Thursday.
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Denial by justices to take prosecutorial misconduct case draws dissent

January 28, 2015
Jennifer Nelson
Believing that the Indiana Supreme Court should have taken a case involving the “disturbing trend” of alleged prosecutorial misconduct, two justices dissented from their colleagues' decision to not accept the case.
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Supreme Court permanently bans Muncie judge

January 23, 2015
Dave Stafford
A Muncie judge who was previously suspended for 13 counts of judicial misconduct and for using racial slurs recorded on video has been given a lifetime ban from serving on the bench.
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Justices uphold convictions in second trial after partial deadlock

January 15, 2015
Dave Stafford
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
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Rush proposes business court, makes pitch for e-filing funding

January 14, 2015
Dave Stafford
In her first State of Judiciary speech, Indiana Chief Justice Loretta Rush on Wednesday said the judiciary is “currently working on the development of a business court model focused on complex commercial litigation,” and urged the General Assembly to help fund the courts’ electronic filing initiative.
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Ruling extends standing in adoption cases to those with ‘lawful custody’

January 14, 2015
Dave Stafford
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases.
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Justices to hear appeal of man convicted in son-in-law’s stabbing

January 12, 2015
Dave Stafford
The Indiana Supreme Court has added to its docket a case that split the Court of Appeals over whether allegedly inconsistent statements of a man stabbed by his father-in-law should have been admitted.
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Court properly excluded evidence regarding victim’s truthfulness

January 8, 2015
Jennifer Nelson
The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.
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Civil Rights Commission exceeded authority in upholding complaint

January 6, 2015
Marilyn Odendahl
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.
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Rush’s debut State of the Judiciary address set

January 6, 2015
IL Staff
Indiana Chief Justice Loretta Rush will deliver her first State of the Judiciary address before a joint session of the General Assembly next week.
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Right-to-work court battle may not be over

December 31, 2014
Marilyn Odendahl
Despite a series of court rulings upholding Indiana’s right-to-work law, unions are not stopping their efforts to have the law overturned. Some opponents are considering petitioning for a review by the Supreme Court of the United States as well as filing another lawsuit in Indiana state court.
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Justices grant transfer to insurance, will disputes

December 23, 2014
IL Staff
The Indiana Supreme Court will hear the insurance dispute involving a landlord and tenant that divided the Court of Appeals earlier this year.
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Justices vacate adoption by stepdad in win for grandparents

December 23, 2014
Dave Stafford
The Indiana Supreme Court on Tuesday stripped the adoption of a child by her stepfather, ruling that maternal grandparents who had been primary caregivers early in her life were wrongly denied an opportunity to consent to or contest the adoption.
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Supreme Court issues order on pretrial release

December 23, 2014
IL Staff
The Indiana Supreme Court plans to implement an evidence-based pretrial release program in Indiana, according to an order signed by Chief Justice Loretta Rush Monday. In order to do so, a study committee will develop and implement at least one pilot project.
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Justices suspend Muncie City Court judge

December 19, 2014
IL Staff
The Indiana Supreme Court issued an order Thursday suspending Dianna L. Bennington, the Muncie City Court judge who faces 13 counts of misconduct.
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Public intoxication statute constitutional, but ‘annoying’ man’s conviction vacated

December 18, 2014
Jennifer Nelson
The Indiana Supreme Court vacated a man’s public intoxication conviction after finding his agitation does not rise to the level that would annoy a reasonable person. But the justices did find that the statute is not unconstitutionally vague.
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Supreme Court dismisses appeal in right-to-work case

December 17, 2014
Jennifer Nelson
The Indiana Supreme Court dismissed a Lake County lawsuit challenging the state’s right-to-work law after the state and plaintiffs filed a motion to dismiss.
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Justices find detective’s inadmissible hearsay is harmless error

December 17, 2014
Jennifer Nelson
The Indiana Supreme Court reinstated a man’s conviction of being a serious violent felon in possession of a firearm after finding that a detective’s inadmissible hearsay amounts to a harmless error.
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Online Extra: Judicial Roundtable 2014

December 17, 2014
IL Staff
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.
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The changing face of the judiciary

December 17, 2014
IL Staff
When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state’s appellate courts were being led by women. Indiana Lawyer recently invited Indiana Chief Justice Loretta Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana’s Bankruptcy Court to discuss their career paths as well as the opportunities and challenges today’s courts and lawyers face.
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COA decision in dueling-precedent case affirmed by Supreme Court

December 16, 2014
Marilyn Odendahl
Reviewing a conflict in precedent in state caselaw regarding child support, the Indiana Supreme Court upheld the resolution reached by the Indiana Court of Appeals.
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JQC asks justices to suspend Muncie City Court judge

December 15, 2014
Dave Stafford
A Muncie City Court judge hit with a disciplinary proceeding last week should be suspended from the bench, the Judicial Qualifications Commission argued in a petition submitted to the Indiana Supreme Court Monday.
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On 3-2 vote, justices deny transfer in Camp Tecumseh case

December 15, 2014
Dave Stafford
Litigation over a proposed large-scale hog farm opposed by a neighboring YMCA camp in northern Indiana won’t be reviewed by the Indiana Supreme Court. Justices decided last week in a 3-2 decision to deny transfer on the issue of where the case should be heard.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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