Indiana Supreme Court

Lawyers worry about impact of court decision on premises liability

February 27, 2013
Dave Stafford
The fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability. Trial and defense lawyers are paying keen attention.
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After children are grown, custodial parent still a victim of nonsupport

February 25, 2013
Dave Stafford
The Indiana Supreme Court ruled that a mother was a victim of a father who failed to pay support for his three children even years after the kids were grown.
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Justices toss delinquency ruling for resisting school resource officer

February 22, 2013
IL Staff
A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.
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‘Term of imprisonment’ is the total time a misdemeanant is incarcerated

February 21, 2013
Jennifer Nelson
Deciding an issue that has led to confusion in the courts, the Indiana Supreme Court ruled that time suspended is not included under "term of imprisonment" as used in the Indiana misdemeanor sentencing statute.
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Justices suspend Tim Durham’s law license

February 20, 2013
IL Staff
Tim Durham, the Indiana businessman found guilty in June on 12 felony fraud charges, had his law license suspended last week by the Indiana Supreme Court.
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Justices take juvenile sex offender case

February 19, 2013
IL Staff
The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.
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Justices order new trial for man tried in absentia

February 19, 2013
Jennifer Nelson
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
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Justices decline to order mediation in walkout fines case

February 13, 2013
IL Staff
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
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Supreme Court affirms what is said in mediation, stays in mediation

February 12, 2013
Marilyn Odendahl
A husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the Indiana Supreme Court has affirmed.
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Transfer vacated, justices take no new cases

February 12, 2013
IL Staff
The Indiana Supreme Court last week vacated transfer in a criminal case and took up no new cases.
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Applications open for St. Joseph judgeship

February 11, 2013
IL Staff
Applications are being accepted for a forthcoming vacancy on the St. Joseph Superior Court, the Indiana Supreme Court has announced.
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Justices take 4 cases

February 5, 2013
IL Staff
The Indiana Supreme Court granted transfer to four cases last week, including three that involved divided lower court rulings.
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Eliminating judges’ mandatory retirement to get hearing

February 5, 2013
Dave Stafford
A bill to eliminate mandatory retirement at age 75 for Indiana Supreme Court justices and Court of Appeals judges will be heard in the Senate Judiciary Committee on Wednesday.
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Supreme Court vacates transfer in bond case

January 30, 2013
IL Staff
The Indiana Supreme Court issued an order Monday vacating transfer to a case it accepted in October.
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Justices accept, rule on 1 case on transfer

January 30, 2013
IL Staff
The Indiana Supreme Court took just one case last week and issued its decision on the matter the same day.
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Laptops, tablets now allowed in Indiana Supreme Court

January 28, 2013
Dave Stafford
You now may use a laptop, iPad, and other tablets or computing devices inside oral arguments at the Indiana Supreme Court, so long as you get permission first, sit in the back row and keep it quiet.
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Justices remand burglary sentence for new hearing on restitution order

January 25, 2013
Dave Stafford
A divided Indiana Supreme Court ordered a new hearing for a man convicted of burglary whose restitution order had been thrown out by the Court of Appeals because of insufficient evidence to support the amount of the award.
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State of Judiciary will air on PBS around state

January 24, 2013
IL Staff
If you missed Indiana Chief Justice Brent Dickson’s first State of the Judiciary Wednesday, you can watch it on your local PBS station, beginning Thursday evening. Several radio stations will also broadcast the speech.
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Dickson makes pitch for Odyssey funding

January 23, 2013
Dave Stafford
Procuring money to expand the Odyssey case management system is “one of our most urgent priorities,” Indiana Chief Justice Brent Dickson told the General Assembly on Wednesday in his first State of the Judiciary address.
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Democrats' walkout leads to another 'fines' mess

January 16, 2013
Dave Stafford
Before the Indiana General Assembly convened Jan. 7, some unfinished business was debated in the Statehouse: whether Republican House leaders went too far in seizing fines from Democrats who walked out of the Legislature in 2011 and 2012.
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Justices take 5 cases

January 15, 2013
Dave Stafford
The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.
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Plank failed to preserve claim med mal cap is unconstitutional

January 15, 2013
Jennifer Nelson
The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.
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Dickson to deliver first State of the Judiciary

January 11, 2013
IL Staff
Chief Justice Brent Dickson will deliver his first State of the Judiciary address to the Indiana General Assembly at 2 p.m. EST on Jan. 23.
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AG asks Supreme Court to review Gingerich conviction

January 11, 2013
Dave Stafford
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
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Justices find man not required to register for life as sex offender

January 10, 2013
Jennifer Nelson
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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