Indiana Supreme Court

Justices weigh $2.7 billion Rockport deal

September 11, 2013
Dave Stafford
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Sept. 5. Attorneys for and against the proposed plant pleaded that terms of the contract were on their side.
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Deadline looms for Indy judge

September 11, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown faces suspension resulting from 45 counts including accusations of wrongful jailings and misconduct.
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Justices to take up partial consecutive sentence case

September 10, 2013
Dave Stafford
Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.
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Volokh to argue in Brewington before justices, partake in McKinney moot court

September 9, 2013
Dave Stafford
One of the National Law Journal’s 100 Most Influential Lawyers in America will be before the Indiana Supreme Court this week to argue on behalf of a blogger convicted and sentenced for intimidating a Dearborn County judge who revoked the man’s joint custody of his children.
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Justices: Judge facing suspension may respond

September 6, 2013
Dave Stafford
A Marion Superior judge facing suspension and a 45-count disciplinary complaint has until Wednesday to respond to the suspension request, the Indiana Supreme Court said in an order issued Friday.
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Justices weigh contract dispute in $2.7 billion Rockport coal-to-gas plan

September 5, 2013
Dave Stafford
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Thursday.
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Innovative court programs get funding support from Indiana Supreme Court

September 4, 2013
IL Staff
The Indiana Supreme Court has awarded more than $450,000 in court reform grants for the 2013-2014 grant cycle.
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Justices grant new avenue for relief for killer claiming insanity

September 3, 2013
Dave Stafford
A man condemned for the 1997 rape and murder of an 18-year-old Franklin College student is entitled to a new avenue of post-conviction relief on his argument that he is not mentally competent to be executed, the Indiana Supreme Court ruled Tuesday.
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Man tried twice for same offense, but relief denial affirmed

August 28, 2013
Dave Stafford
A divided Indiana Supreme Court ruled Wednesday that a man convicted of rape on retrial was unconstitutionally prosecuted twice for the same offense, but the court upheld denial of post-conviction relief.
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Supreme Court takes closer reading of precedent in affirming post-conviction relief

August 28, 2013
Marilyn Odendahl
A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
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Justices affirm new trial in estate awarded $41,400 in hotel killing

August 28, 2013
Dave Stafford
The Indiana Supreme Court on Wednesday upheld a lower court order for a new trial in a case involving a  $41,400 award made to the estate of a man who was killed at a Speedway hotel by a former employee.
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Massa stays in Rockport case despite calls for recusal

August 28, 2013
Dave Stafford
Indiana Supreme Court Justice Mark Massa on Aug. 14 denied a formal motion arguing that he should recuse himself from a pending case concerning a controversial power plant in Rockport. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
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Failure to report

August 28, 2013
Dave Stafford
The arm of the Indiana Supreme Court that enforces rules governing the admission and discipline of lawyers has been in violation of one of those rules for several years.
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Ethanol plant emissions suit may be bound for Indiana Supreme Court

August 28, 2013
Dave Stafford
Indiana’s ethanol industry faces an uncertain regulatory environment and likely more stringent emissions standards after a recent Indiana Court of Appeals ruling. A state agency will ask the Indiana Supreme Court to hear the case, as several corn-to-fuel plant operators also are expected to do.
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Expired time limit does not prevent estoppel argument, Supreme Court rules

August 27, 2013
Marilyn Odendahl
Citing the reasoning in a dissenting opinion, the Indiana Supreme Court has ruled an injured driver can present his argument of why he should be allowed to file a lawsuit against a government entity even though the time limit has expired.
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State courts post job openings

August 27, 2013
IL Staff
The Indiana Supreme Court Division of Administration on Tuesday posted two job openings.
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‘The State is the State’ and they share the same fate, Supreme Court rules

August 23, 2013
Marilyn Odendahl
The Indiana Department of Correction’s motion to obligate a convicted sex offender to continue registering was blocked by the Indiana Supreme Court on the grounds that “the State is the State.”
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Justices to hear case in which glove DNA led to conviction

August 19, 2013
Dave Stafford
The Indiana Supreme Court will hear a case in which DNA found on a glove was the sole evidence that led to the conviction of a man on a burglary charge in St. Joseph County.
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In adoption case with no winners, SC offers suggestions to avoid similar situations

August 19, 2013
Marilyn Odendahl
In reversing the adoption that could remove fraternal twins from the only family they have ever known, the Indiana Supreme Court noted the situation might have been avoided if more than “just the bare minimum” had been done.
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Massa stays in Rockport power plant case over calls for recusal

August 14, 2013
Dave Stafford
Indiana Supreme Court Justice Mark Massa on Wednesday denied a formal motion arguing that he should recuse himself from a pending case concerning the controversial Rockport power plant. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
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Environmental groups ask Massa to recuse from Rockport case

August 14, 2013
Dave Stafford
Justice Mark Massa should recuse himself from hearing an Indiana Supreme Court appeal of a ruling that hindered a proposed multi-billion-dollar coal gasification plant in Rockport, several environmental and consumer groups argue in a brief filed in the case.
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Accused murderers likely to stay in jail awaiting trial

August 14, 2013
Marilyn Odendahl
When the Indiana Supreme Court upended 150 years of precedent concerning murder defendants, it raised eyebrows and stirred debate but, in practice, the impact of the opinion is expected to be very limited.
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Blogger attorney Ogden grilled in public discipline hearing

August 14, 2013
Dave Stafford
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours July 30 in a hearing before the Indiana Disciplinary Commission.  
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Justices revive malpractice suit alleging doctor’s failure to warn patient not to drive

August 8, 2013
Dave Stafford
A medical malpractice suit arising from a debilitating head-on automobile crash should not have been disposed of through summary judgment in favor of the doctor, the Indiana Supreme Court ruled Thursday. Justices reversed the order and sent the case back to the trial court.
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Delayed submission of filing fee compared to dilemma created by a $7 horse-shoe nail

July 31, 2013
Marilyn Odendahl
In overturning the trial court’s ruling, the Indiana Supreme Court compared the case to Poor Richard’s admonition: “For want of a Nail the Shoe was lost; for want of a Shoe, the Horse was lost; and for want of a Horse the Rider was lost, being overtaken and slain by the enemy, all for want of Care about a Horse-shoe Nail.”
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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