Indiana Supreme Court

Family Court Project grant applications available

June 6, 2011
IL Staff
Trial courts interested in earning a Family Court Project grant have until July 1 to apply.
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High court splits on molestation conviction

June 1, 2011
Jennifer Nelson
The Indiana Supreme Court was divided Wednesday in an opinion regarding whether a man could be charged with Class C felony child molesting 16 years after he last molested his stepniece.
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Court hasn't chosen new state public defender

May 31, 2011
Michael Hoskins
State Public Defender Susan Carpenter retires Tuesday after nearly three decades in that position, and no decision has been made as to who will succeed her.
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Justices accept church-property dispute

May 31, 2011
IL Staff
The Indiana Supreme Court has agreed to take a case between a Vanderburgh County church and its former national organization dealing with what happens to the local church property after the local church defected to another Presbyterian organization.
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Justices bar Arizona lawyer due to advertising rule violations

May 27, 2011
Michael Hoskins
Out-of-state attorneys have received a fresh warning from the Indiana Supreme Court, one that specifically reiterates that everyone should know this state’s attorney advertising rules when promoting oneself as being “specialized” in a particular area of law or practicing with a “national firm.”
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Hamilton County judge receives public reprimand

May 27, 2011
Michael Hoskins
The Indiana Supreme Court issued a public reprimand against Hamilton Superior Judge William J. Hughes, the disciplinary sanction stemming from an out-of-state drunk driving arrest.
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Justices rule on first impression issue involving sentence modification

May 26, 2011
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Thursday afternoon in which the justices found the trial judges involved erred in modifying the defendants’ sentences from Class D felonies to Class A misdemeanors.
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Hundreds gather for rally against Indiana Supreme Court ruling

May 25, 2011
Michael Hoskins
Nearly 300 people gathered on the steps of the Indiana Statehouse Wednesday, many calling for the recall of Indiana Supreme Court Justice Steven H. David. Justice David authored the recent high court ruling that held individuals don’t have the right to resist police who enter their home, even if those entries are illegal.
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Proposed rules provide uniformity for parenting coordinators

May 25, 2011
Jennifer Nelson
The use of parenting coordinators is increasing around the state. But depending on where you are in Indiana, the authority of the parenting coordinator – PC – may differ. In an effort to create uniformity, rules are being proposed that would regulate the role and authority of PCs.
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What's next for Indiana's death penalty?

May 25, 2011
Michael Hoskins
Unlike other states, Indiana has not abolished or suspended use of executions.
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Justices take two cases

May 23, 2011
Jenny Montgomery
The Indiana Supreme Court has granted transfer to two cases – a civil case involving a car accident and an appeal from a convicted child molester.
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Justices won't intervene in secretary of state eligibility case

May 20, 2011
Michael Hoskins
Ruling on an emergency transfer request, the Indiana Supreme Court today accepted Secretary of State Charlie White’s appeal against the state’s Democratic Party and ruled it won’t put a halt to the case while a recount investigation and criminal voter fraud proceedings are ongoing.
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ISBA responds to fallout from split Supreme Court ruling

May 20, 2011
Michael Hoskins
The Indiana State Bar Association issued a statement today addressing the outrage being expressed by many people concerning a state Supreme Court decision last week, which held individuals don’t have the right to resist police who enter private residences, even if those entries are illegal.
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Justices decide golf ball injury case

May 19, 2011
Michael Hoskins
Taking a swing at an issue of first impression, the Indiana Supreme Court has ruled on a golf ball injury case and rejected the concept that a sporting event participant owes no duty of care to protect others from inherent risks of the sport in all situations.
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Justices suspend former judge for misconduct

May 19, 2011
Michael Hoskins
The Indiana Supreme Court has suspended a northwest Indiana attorney for helping a litigant whose cases he’d presided over more than a decade ago when he was a Jasper Superior judge.
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Former Marion County spokesperson given public reprimand

May 18, 2011
IL Staff
Marietto “Mario” V. Massillamany, an attorney and former spokesperson for then-Marion County Prosecutor Carl Brizzi, has been publicly reprimanded by the Indiana Supreme Court for driving drunk.
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High court rules man could be retried

May 18, 2011
Jennifer Nelson
The Double Jeopardy Clause of the U.S. Constitution doesn’t prevent the state from retrying a man who was acquitted by a jury in the murder of one person, but in which the jury couldn’t return a verdict on the defendant's attempted murder charge of another man, the Indiana Supreme Court held Wednesday.
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Supreme Court receives threats after ruling

May 17, 2011
Jennifer Nelson
The Indiana Supreme Court has received threatening calls and emails following a ruling last week in which the high court said Hoosiers can’t resist unlawful entry into their homes by police.
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Justices take 6 cases

May 17, 2011
IL Staff
The Indiana Supreme Court has granted transfer to six cases and declined to take 22 others.
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Lawyer sentenced for theft, corrupt business practice

May 16, 2011
Jennifer Nelson
A northeast Indiana attorney who pleaded guilty to stealing from his clients has been sentenced to 11 years in prison, with five and one-half of those years suspended to active probation.
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Disciplinary charges filed against Hamilton County judge

May 13, 2011
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed disciplinary charges against Hamilton Superior Judge William Hughes. The charges are related to the judge’s arrest for driving while impaired and later guilty plea to misdemeanor reckless driving in North Carolina.
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Governor vetoes forfeiture legislation

May 13, 2011
Jennifer Nelson
Gov. Mitch Daniels has vetoed Senate Enrolled Act 215, which designated what percentage of funds from forfeitures would go to prosecutors, law enforcement, and the Indiana Common School Fund.
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Justice: Ruling lets government agents enter homes illegally

May 12, 2011
Jennifer Nelson
Two Indiana Supreme Court justices dissented from their colleagues in a case involving the right to resist unlawful police entry into a home, with one justice writing that he believes the majority is “essentially telling Indiana citizens that government agents may now enter their homes illegally.”
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Justices divided on whether case should be before Tax Court

May 12, 2011
Jennifer Nelson
The Indiana Supreme Court split Thursday on whether the attorney general’s attempt to recover an erroneously issued “tax refund” to a company should proceed in state court or in the Indiana Tax Court.
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Schools dropping school-funding lawsuit

May 12, 2011
Jennifer Nelson
The three Indiana school districts and parents who filed a lawsuit against the governor and other state officials over school funding are dropping the suit due to recent legislative action.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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