Indiana Supreme Court

Divided Supreme Court reinstates parental termination order

March 10, 2014
Dave Stafford
The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.
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Highway supervisor’s termination not subject to judicial review

March 6, 2014
Jennifer Nelson
Because the decision by the Fayette County Board of Commissioners to not reappoint its county highway supervisor was a ministerial decision, the Indiana Supreme Court held it was not subject to judicial review.
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Judge Kimberly Brown removed from bench by justices

March 4, 2014
Dave Stafford
The Indiana Supreme Court removed Marion Superior Judge Kimberly Brown from the bench Tuesday after finding she “engaged in significant judicial misconduct.” The judge had been on paid suspension since Jan. 9 pending final discipline.
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Indiana Supreme Court awards more than $232,000 in grants to counties

February 28, 2014
IL Staff
The Indiana Supreme Court has awarded $232,470 in grant money to 23 counties to support local family court projects. Since the Family Court project began in 1999, the Supreme Court had distributed more than $3 million in “seed money” to support family court projects.
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Justices suspend David Wyser, former Brizzi deputy prosecutor

February 27, 2014
Dave Stafford
Former Marion County Deputy Prosecutor David Wyser, who pleaded guilty last year to bribery in a federal public-corruption probe, has been suspended from the practice of law.
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Elkhart attorney suspended for ‘lack of respect’ for clients and courts

February 26, 2014
Jennifer Nelson
The Indiana Supreme Court has suspended an Elkhart County attorney for at least two years after finding he committed numerous violations of the Indiana Professional Rules of Conduct, including throwing away client files that contained confidential information.
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Campus fraternity chapter may be liable for alleged hazing injury

February 26, 2014
Dave Stafford
A Wabash College fraternity pledge’s injury claim resulting from alleged hazing, ruled on recently by the Indiana Supreme Court, turned not on whether he was hazed inside the frat house, but on who may be liable.
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Justices to review sanctions in false emergency detention report

February 24, 2014
Dave Stafford
The Indiana Supreme Court will review a case in which the Court of Appeals tossed an indirect civil contempt of court finding but let stand fines against a nurse accused of making false statements about the mental health of a co-worker that led to emergency detention.
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Justices reconcile conflicting trial rules

February 20, 2014
Jennifer Nelson
In reversing an order granting a company’s motion to vacate partial summary judgment in an environmental cleanup lawsuit, the Indiana Supreme Court tackled the apparently conflicting Indiana Trial Rules 54(B) and 56(C).
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Justices: Man with Alzheimer’s must be committed per statute

February 19, 2014
Jennifer Nelson
Noting the trial court had the best of intentions when it did not order a man with Alzheimer’s disease committed, the Indiana Supreme Court pointed out the trial court had to order his commitment under Indiana Code 35-36-3-1(b) after he was found not competent to stand trial.
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Justices decline to take Holiday World dispute

February 18, 2014
Jennifer Nelson
The Indiana Supreme Court will let stand the ruling that the widow and children of the late William Koch Jr. can keep their shares in the southern Indiana theme park Holiday World and Splashin’ Safari. The justices declined transfer to the legal dispute which arose in the Koch family following Will Koch’s death.
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Wabash fraternity must face alleged hazing-injury claim

February 13, 2014
Dave Stafford
A freshman pledge’s personal-injury claim resulting from what he alleged was a hazing incident at Wabash College may proceed against the campus fraternity, and he may seek compensatory and punitive damages, the Indiana Supreme Court ruled Thursday, overturning lower court rulings.
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Justices: Facts don’t justify subjecting family to CHINS proceeding

February 12, 2014
Jennifer Nelson
The Indiana Supreme Court reversed the finding that a child with special needs is a child in need of services after ruling that the circumstances of this case don’t support that the mother needed the court’s coercive intervention to address concerns in the CHINS petition.
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Explanation as to the spirit of the law was harmless error

February 11, 2014
Marilyn Odendahl
Although a trial court’s words to a jury about the spirit of Indiana’s criminal law was improper and an error, it was harmless and could not overturn a defendant’s sentence of life without parole.
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Supreme Court, split 3-2, snuffs Evansville casino smoking exception

February 11, 2014
Dave Stafford
A divided Indiana Supreme Court Tuesday rejected Evansville’s amended smoking ban that exempted the former Aztar riverboat casino, now known as Tropicana Evansville.
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Justices to review whether sewer lien can trigger tax sale

February 10, 2014
Dave Stafford
The Indiana Supreme Court will review the question of whether a sewer lien placed on a property for unpaid bills is by itself sufficient for the property to be sold at tax sale to satisfy the debt.
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For-profit Veolia Water not entitled to common law sovereign immunity

February 6, 2014
Jennifer Nelson
The Indiana Supreme Court held Thursday that for-profit, private company Veolia Water is not entitled to common law sovereign immunity from liability for damages resulting from a fire that destroyed an Indianapolis Texas Roadhouse restaurant in 2010.
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COA replaces opinion on post-conviction ruling with corrected version

February 5, 2014
Jennifer Nelson
Acknowledging that the state is correct when it claims the Indiana Court of Appeals relied on the wrong Supreme Court decision in affirming the denial of a petition for post-conviction relief, the appellate court issued a new opinion Wednesday.
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Disability, religious-freedom claims clash at Indiana Supreme Court

February 3, 2014
Dave Stafford
An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.
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Justices fine Bloomington lawyer, suspend Indy attorney

January 30, 2014
IL Staff
The Indiana Supreme Court has fined a Monroe County attorney for practicing law while suspended. This week, the justices also suspended an Indianapolis attorney who pleaded guilty to felony wire fraud.
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Right to equal access at center of federal lawsuit

January 29, 2014
Marilyn Odendahl
A courtroom spectator’s persistent requests to two trial courts for an interpreter raises questions of how accessible Indiana courts should be for people who have disabilities as well as how much control the state judiciary has over local judges.
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Public access to death records gets Supreme Court review

January 28, 2014
Dave Stafford
A newspaper denied a request to obtain information in death records from a local health department will have an opportunity to make its case before the Indiana Supreme Court.
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Marion County courts closed Tuesday; state courts delayed

January 27, 2014
IL Staff
Marion County Circuit and Superior Courts in the Indianapolis City-County Building will be closed Tuesday in anticipation of dangerously cold weather. State court operations in Indianapolis, meanwhile, will delay opening until 10:30 a.m. Tuesday.
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Supreme Court extends audio-video transcript pilot project

January 27, 2014
Dave Stafford
A pilot project in three Indiana courts that replaces written transcripts with audio/video camera recordings has been extended and expanded because two of the three courts haven’t generated the anticipated number of appeals necessary to evaluate the system.
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COA Judge Riley to chair access to civil legal services panel

January 27, 2014
Dave Stafford
Court of Appeals Judge Patricia Riley has been appointed to chair the Commission to Expand Access to Civil Legal Services created last year by order of the Indiana Supreme Court.
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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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