Indiana Supreme Court

Justices vacate adoption decree

December 17, 2010
Jennifer Nelson
The Indiana Supreme Court ordered the adoption decree granted to paternal grandparents be vacated because they didn’t perform a diligent search for the biological mother.
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Judge appoints former justice as trustee over Simon estate

December 16, 2010
Cory Schouten
A Hamilton County judge has ordered Bren Simon removed as personal representative and interim trustee over her late husband's estate, replacing her with a retired justice of the Indiana Supreme Court.
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Justices divided on firearm 'use' sentencing

December 15, 2010
Michael Hoskins
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
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High court reverses tax decision

December 15, 2010
Jennifer Nelson
An owner of leased property must prove it possesses an exempt purpose separate and distinct from the exempt purpose of its lessee to be entitled to statutory exemption, ruled the Indiana Supreme Court in a decision reversing the Indiana Tax Court.
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Madison County joins Odyssey system

December 15, 2010
IL Staff
Madison County is the latest county to go online with the Indiana Supreme Court’s Odyssey case management system. The system connects counties to a network of courts, clerks, law enforcement, and other state agencies.
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Justices grant two civil cases, deny 27 appeals

December 13, 2010
IL Staff
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
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BLE director resigns

December 10, 2010
Michael Hoskins
The Indiana Supreme Court is searching for someone new to lead the state’s Board of Law Examiners after Linda L. Loepker resigned earlier this week.
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Justices: sentence shouldn't have been upped on appeal

December 10, 2010
Jennifer Nelson
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
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Justices split on imprisonment for violating probation

December 9, 2010
Jennifer Nelson
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
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Local courts, educational program named after 3 Indiana jurists

December 8, 2010
Michael Hoskins
The practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common practices in those renamings is waiting until someone dies to dedicate that place.
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Judge denies state's motion to dismiss school-funding lawsuit

November 30, 2010
Jennifer Nelson
A lawsuit brought by parents and three school corporations regarding the state’s school-funding formula has been allowed to proceed, a Hamilton Superior judge ruled.
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Justices order Marion County traffic judge's suspension

November 24, 2010
Michael Hoskins
The Indiana Supreme Court has ordered the 30-day no pay suspension of the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
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Special judge selection rule amended

November 23, 2010
IL Staff
The Indiana Supreme Court has amended the eligibility section of Indiana Trial Rule 79 regarding special judge selection.
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Reports break down caseloads, costs in Indiana courts

November 22, 2010
IL Staff
It cost nearly $400 million to operate Indiana courts last year, according to new reports released by the Indiana Supreme Court Division on State Court Administration.
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Justices take sex offender case

November 22, 2010
IL Staff
The Indiana Supreme Court granted transfer to a case filed by a convicted felon who refuses to register as a sex offender for life.
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Chief’s recusal results in split Supreme Court

November 18, 2010
Michael Hoskins
The same day it heard arguments about the dissolution of a Brown County fire district, the Indiana Supreme Court reinstated the intermediate court’s ruling on the case because of a 2-2 division caused by the recusal of Chief Justice Randall T. Shepard.
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Justices take legal-malpractice insurance case

November 17, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which a legal professional liability insurer claimed it didn’t receive actual notice of claims against the attorney, so the former clients couldn’t collect under the plan.
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Justices disbar attorney

November 12, 2010
Jennifer Nelson
The Indiana Supreme Court chose to disbar a Marion County attorney due to his pattern of neglect in clients’ cases.
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Plaintiff attorney chosen to serve on judicial commissions

November 11, 2010
Michael Hoskins
An Indianapolis plaintiff attorney has received the most votes from colleagues to join the Indiana Judicial Nominating and Judicial Qualifications commissions, and he’ll take a spot on a seven-person panel in January.
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High court vacates transfer order

November 10, 2010
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.
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SCOTUS reverses 7th Circuit a second time on capital case

November 8, 2010
Michael Hoskins
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
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High court takes certified questions in NCAA case

November 4, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.
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High court takes 3 cases

November 2, 2010
IL Staff
The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.
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Order asks for attorneys, court to use more professionalism

November 1, 2010
IL Staff
The Indiana Supreme Court denied a request for a writ of mandamus Friday, but noted that the attorneys and court involved had failed to act as professionally as they should regarding schedules.
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Rules amended regarding default judgments and military service

October 29, 2010
IL Staff
The Indiana Supreme Court has approved amendments to the Indiana small claims and trial procedure rules.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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