Indiana Supreme Court

News Update: Justices rule in favor of casinos

October 1, 2010
Michael Hoskins
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card-counters and that problem gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
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Justices rule in favor of casinos

September 30, 2010
Michael Hoskins
The Indiana Supreme Court has given casinos a double win today, saying the businesses can ban card-counting and also that state statute doesn’t allow patrons to recover for losses they might incur because of problem gambling.
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Expedited hearing to be sought after justices again deny transfer

September 30, 2010
Elizabeth Brockett
The attorney for a man challenging the inclusion of a Lake County judicial prospect’s name on the general election ballot will seek an expedited hearing with the Indiana Court of Appeals after justices Wednesday denied a second emergency request for transfer.
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Retiring justice to join Indy dispute resolution firm

September 30, 2010
Michael Hoskins
Justice Theodore R. Boehm marked his departure from the Indiana Supreme Court today with a celebratory retirement ceremony, using that event to announce that he’ll not only be senior judging at the appellate and trial levels but that he’s joining Van Winkle Baten Rimstidt Dispute Resolution in Indianapolis as an arbitrator and mediator.
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High court orders new murder trial

September 30, 2010
Jennifer Nelson
The Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview even after the man invoked his right to counsel several times.
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Vested employer-provided health-insurance premiums are an asset

September 29, 2010
Jennifer Nelson
The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.
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Supreme Court affirms sexually violent predator status

September 29, 2010
Jennifer Nelson
A man’s challenge to the finding that he is a sexually violent predator failed because the invited error doctrine precludes consideration of his claims on appeal, the Indiana Supreme Court ruled today.
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Justices remand to see if defendant had accurate interpreting

September 29, 2010
Jennifer Nelson
The Indiana Supreme Court ordered the post-conviction court to hold a new hearing for a Mexican man who claimed he didn’t mean to plead guilty to two felonies and did so only because of faulty interpreting in court.
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Judicial candidacy appeal moving quickly

September 29, 2010
Michael Hoskins
The Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial election issue from Lake County, which involves a prospect for the bench being able to stay on the ballot.
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Majority orders new requirement for pro se defendants with little guidance

September 29, 2010
Jennifer Nelson
Three Indiana Supreme Court justices created a new requirement as an exercise of supervisory powers when it comes to informing future defendants about the dangers of proceeding pro se, leaving two justices to dissent because the new requirement provides no guidance as to what trial courts must do or say.
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Boone Circuit Judge Steven David to succeed retiring Justice Theodore R. Boehm

September 29, 2010
Michael Hoskins
Judge Steven H. David said he would have been content staying in his job as Boone Circuit judge for the rest of his legal career. But he took a chance, overcoming an initial doubt that he should apply for an Indiana Supreme Court opening and ultimately rising to the top of 34 attorneys and judges to become the state’s 106th justice.
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Medicaid applicants facing 'tremendous hurdles'?

September 29, 2010
Rebecca Berfanger
When filing a claim for Medicaid disability benefits, the process sounds straightforward: Complete an application that includes all disabilities that would make the case that you deserve the benefits. If your application is deemed sufficient by a Medicaid Medical Review Team, you get the benefits. If not, you receive a one- or two-page letter that includes information about how you can appeal.
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Judicial selection process has no formulaRestricted Content

September 29, 2010
Michael Hoskins
Selecting a new Indiana Supreme Court member is a transparent process until it reaches the governor, and then the action moves behind closed doors and the legal community is left holding its collective breath until learning who will be the state’s next justice.
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Supreme Court will have 18-day gap between justices

September 28, 2010
Michael Hoskins
The Indiana Supreme Court will be missing one of its five members for almost three weeks as its new justice wraps up remaining business on the Boone Circuit Court before taking the appellate bench.
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Supreme Court takes case involving sentencing discrepancy

September 27, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which a defendant challenged his sentence following his guilty plea to Class B felony burglary and admitting to being a habitual offender.
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High court amends Indiana rules

September 24, 2010
IL Staff
The Indiana Supreme Court has issued 14 orders amending various Indiana rules.
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Religious defense doesn't discharge court's subject matter jurisdiction

September 22, 2010
Jennifer Nelson
A court with authority to hear defamation and invasion of privacy claims is not ousted of subject matter jurisdiction just because a defendant pleads a religious defense, the Indiana Supreme Court ruled today.
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Lawyers can't appeal termination without parent's authorization

September 22, 2010
Jennifer Nelson
The Indiana Supreme Court held Tuesday that although parents have a statutory right to appellate counsel to appeal an order ending their parental rights, a parent’s trial lawyer cannot pursue an appeal without the parent’s authorization.
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High court clarifies harmless error under Sixth Amendment

September 21, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a man’s case in order to address the application of harmless error to Sixth Amendment violations involving confronting those who create laboratory reports.
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Supreme Court takes 4 cases

September 21, 2010
IL Staff
The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.
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Governor names Boone Circuit judge to Indiana Supreme Court

September 17, 2010
Michael Hoskins
David videoGov. Mitch Daniels announced this morning his pick for the state’s highest appellate court, choosing Boone Circuit Judge Steven H. David to replace retiring Justice Theodore R. Boehm once he steps down Sept. 30.
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Governor chooses Judge Steven David as next Supreme Court justice

September 17, 2010
Michael Hoskins

Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice, meaning the state’s highest court will remain without a woman.

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Justices remind parties about decision certification

September 16, 2010
Michael Hoskins
The Indiana Supreme Court has granted a rehearing on the appeal involving East Chicago casino money, using the chance to warn parties to not jump the gun in how it responds once an appellate ruling is initially issued.
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Supreme Court preps for lineup changeRestricted Content

September 15, 2010
Michael Hoskins
The Indiana Supreme Court will soon see its first lineup change in more than a decade, and as that turnover approaches, the state’s highest appellate court is mostly conducting business as usual.
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Justices take 3 cases

September 13, 2010
IL Staff
The Indiana Supreme Court accepted transfer of three cases last week, including a case in which the Indiana Court of Appeals lengthened a man’s sentence.
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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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