Indiana Supreme Court
Majority sides with hotel in lawsuit stemming from molestation
March 6, 2013
Jennifer NelsonA divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s
insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
MoreJustices: Use preponderance of evidence standard to find probation violation
March 6, 2013
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class
D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used
the wrong legal standard to find the violation.
MoreJustices rule in favor of insurer in dispute over canceled policy
March 5, 2013
Jennifer NelsonThe Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the
insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
MoreJustices divided over vacating transfer in case seeking severance of offenses
February 27, 2013
IL StaffJustice Robert Rucker wrote an 11-page dissent from his colleagues after three justices decided to vacate transfer to an appeal
stemming from charges involving the alleged sexual assault of four victims.
MoreLawyers worry about impact of court decision on premises liability
February 27, 2013
Dave StaffordThe 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.
MoreAfter children are grown, custodial parent still a victim of nonsupport
February 25, 2013
Dave StaffordThe 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.
MoreJustices toss delinquency ruling for resisting school resource officer
February 22, 2013
IL StaffA 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.
More‘Term of imprisonment’ is the total time a misdemeanant is incarcerated
February 21, 2013
Jennifer NelsonDeciding 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.
MoreJustices suspend Tim Durham’s law license
February 20, 2013
IL StaffTim 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.
MoreJustices take juvenile sex offender case
February 19, 2013
IL StaffThe 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.
MoreJustices order new trial for man tried in absentia
February 19, 2013
Jennifer NelsonA 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.
MoreJustices decline to order mediation in walkout fines case
February 13, 2013
IL StaffThe 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.
MoreSupreme Court affirms what is said in mediation, stays in mediation
February 12, 2013
Marilyn OdendahlA 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.
MoreTransfer vacated, justices take no new cases
February 12, 2013
IL StaffThe Indiana Supreme Court last week vacated transfer in a criminal case and took up no new cases.
MoreApplications open for St. Joseph judgeship
February 11, 2013
IL StaffApplications are being accepted for a forthcoming vacancy on the St. Joseph Superior Court, the Indiana Supreme Court has
announced.
MoreJustices take 4 cases
February 5, 2013
IL StaffThe Indiana Supreme Court granted transfer to four cases last week, including three that involved divided lower court rulings.
MoreEliminating judges’ mandatory retirement to get hearing
February 5, 2013
Dave StaffordA 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.
MoreSupreme Court vacates transfer in bond case
January 30, 2013
IL StaffThe Indiana Supreme Court issued an order Monday vacating transfer to a case it accepted in October.
MoreJustices accept, rule on 1 case on transfer
January 30, 2013
IL StaffThe Indiana Supreme Court took just one case last week and issued its decision on the matter the same day.
MoreLaptops, tablets now allowed in Indiana Supreme Court
January 28, 2013
Dave StaffordYou 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.
MoreJustices remand burglary sentence for new hearing on restitution order
January 25, 2013
Dave StaffordA 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.
MoreState of Judiciary will air on PBS around state
January 24, 2013
IL StaffIf 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.
MoreDickson makes pitch for Odyssey funding
January 23, 2013
Dave StaffordProcuring 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.
MoreDemocrats' walkout leads to another 'fines' mess
January 16, 2013
Dave StaffordBefore 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.
MoreJustices take 5 cases
January 15, 2013
Dave StaffordThe 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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Court Calendar
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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June 18, 2013 Winston K. Wood v. State of Indiana - 6/18/13
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.