Indiana Supreme Court

Court: Man may be classified as sexually violent predator

June 29, 2011
Jennifer Nelson
The Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of powers.
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Justices reduce molester's sentence to 110 years

June 28, 2011
Jennifer Nelson
The Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.
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Recount commission rules in favor of secretary of state

June 28, 2011
IL Staff
Indiana Secretary of State Charlie White will remain in office. The Indiana Recount Commission voted 3-0 in favor of White, finding the Indiana Democratic Party didn’t provide sufficient evidence that White wasn’t eligible to take office.
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Justices take certified question on railroad issue

June 27, 2011
IL Staff
The Indiana Supreme Court has accepted a certified question posed by the United States Court of Federal Claims regarding railbanking and interim trail use.
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High Court accepts 7 transfers

June 27, 2011
IL Staff
The Indiana Supreme Court has taken seven cases on transfer, including a case in which the lower appellate court was split on a construction manager’s duty to an injured worker.
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Justices discuss jury unanimity in molestation cases

June 23, 2011
Jennifer Nelson
The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.
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Justices uphold admitting juvenile's confession

June 22, 2011
Jennifer Nelson
The Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The justices did also emphasize that the waiver used should be altered to make it more clear.
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Disciplinary actions - 6/22/11

June 22, 2011
See who has been suspended and who resigned.
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Annual Supreme Court review shows more agreement, shifts in alignment

June 22, 2011
Michael Hoskins
Welcoming a new justice was undeniably the most notable moment for the Indiana Supreme Court in 2010. That lineup change captured the headlines, but it’s not the only item of interest for Indiana court-watchers.
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Justices asked to rehear Barnes

June 22, 2011
Michael Hoskins
The Indiana Supreme Court is being asked to revisit a ruling on a person’s right to resist illegal law enforcement entry into one’s home, and 71 state legislators have signed an amicus curiae brief asking the justices to narrow their decision.
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High court questions whether transactions are leases or security interest sales

June 21, 2011
Michael Hoskins
Examining whether a transaction between two businesses is a lease or a sale subject to security interest, the Indiana Supreme Court has adopted an approach used in Colorado. The court held that various factors, such as the economy, must be considered in each situation to decide that question.
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Justices rule on lawyer liablity coverage case

June 21, 2011
Michael Hoskins
Questions exist as to whether the professional liability coverage carrier for a disbarred attorney misled two former clients about helping them collect on legal malpractice claims.
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Supreme Court aligns with trial court in dog-attack case

June 21, 2011
Jenny Montgomery
The Indiana Supreme Court has affirmed a trial court judge’s finding that the city of Evansville and its animal control division are not liable in a dog attack that seriously injured a boy.
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Supreme Court to hear arguments Tuesday

June 20, 2011
IL Staff
The Indiana Supreme Court will hear arguments Tuesday in two child molesting cases and one personal injury case.
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High court denies rehearing in secretary of state eligibility suit

June 16, 2011
Jennifer Nelson
The Indiana Supreme Court will continue to stay out of the suit involving Indiana Secretary of State Charlie White and whether he was eligible to run for office.
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Judges, prosecutors to get pay raises

June 16, 2011
Jennifer Nelson
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 1.3 percent pay increase for judges and prosecutors.
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New state public defender, BLE director chosen

June 16, 2011
Michael Hoskins
Announcing two new appointments simultaneously, the Indiana Supreme Court has chosen the state public defender and director of the Board of Law Examiners.
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Justices address incompetent defendants in 2 cases

June 14, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.
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Justices suspend attorneys for not paying fees, doing CLE

June 14, 2011
IL Staff
The Indiana Supreme Court has suspended 210 attorneys for not complying with continuing legal education requirements or nonpayment of attorney registration fees.
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7th Circuit dismisses law suit over bar exam

June 13, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.
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Judges affirm motion to suppress after illegal police entry

June 10, 2011
Jennifer Nelson
An Indiana Court of Appeals judge wrote a separate opinion in an unlawful arrest case, emphasizing that the facts before the court differ from those before the Indiana Supreme Court justices in Barnes v. State.
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Man’s Sixth Amendment right not violated

June 8, 2011
Jennifer Nelson
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
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Legislative committee to look at Barnes decision

June 8, 2011
Jennifer Nelson
Not since daylight-saving time has an issue agitated Sen. Brent Steele’s constituents as much as the recent decision by the Indiana Supreme Court on illegal police entry.
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Touched by controversy

June 8, 2011
Michael Hoskins
In the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for change in ways that few others do.
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Justices rule: No right to resist

June 8, 2011
Michael Hoskins
The Indiana Supreme Court caught many people off guard when it abolished the common law right of citizens to reasonably resist police from entering their homes, no matter the situation and regardless of whether the entry is legal.
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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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