Indiana Supreme Court

Hearing officer: prosecutor should get public reprimand

October 4, 2010
Michael Hoskins
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to hearing officer appointed by the Indiana Supreme Court.
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New grant available for Indiana legal history projects

October 4, 2010
IL Staff
If you’ve wanted to print walking-tour brochures or create an oral history of your county’s courthouse, there’s now a grant that can help you achieve that goal.
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High court divided on faulty workmanship coverage under CGL policy

October 1, 2010
Jennifer Nelson
The high court split on whether an “occurrence” under a commercial general liability policy covers an insured contract for faulty workmanship of its subcontractor.
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Majority: warrantless car search OK under automobile exception

October 1, 2010
Jennifer Nelson
The Fourth Amendment doesn’t prohibit a warrantless search of an operational car found in a public place if police have probable cause to believe the car contains evidence of a crime, the Indiana Supreme Court ruled Thursday.
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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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  1. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  2. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  3. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  4. 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.

  5. 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.

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