Indiana Supreme Court

Dickson: ‘I was ready and the time was right’

November 18, 2015
Dave Stafford
Retirement of the second-longest serving justice opens up the fourth Supreme Court vacancy in five years.
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Justices weigh whether state RICO-inspired statute applies to street crimes

November 18, 2015
Dave Stafford
Ashonta Kenya Jackson was the wheelman, driving a getaway car while younger men robbed an Anderson liquor store twice in a month and held up a bank. Is he a racketeer?
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Supreme Court justice applications due in late January

November 12, 2015
IL Staff
Those interested in becoming the 109th Indiana Supreme Court justice tentatively have until Jan. 25 to apply. Applications for the vacancy to be created by Justice Brent Dickson’s retirement are now available online.
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4 vie for Judicial Nominating Commission position

November 11, 2015
Dave Stafford
Lawyers mostly in southern Indiana are selecting one of their peers to have a say in who will be the next justice appointed to the Indiana Supreme Court.
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Man loses appeal to revoke spousal maintenance

November 10, 2015
Jennifer Nelson
An ex-husband who sought “all-or-nothing” relief when he asked the court to terminate his ex-wife’s incapacity support instead of reducing it after she remarried lost his appeal before the Indiana Supreme Court.
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Justices: Jury should hear defense of necessity instruction

November 10, 2015
Jennifer Nelson
The Indiana Supreme Court ordered a new trial for a man convicted of a misdemeanor gun charge after finding he presented sufficient evidence to have the jury instructed on his defense of necessity.
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Justice Brent Dickson announces retirement

November 9, 2015
IL Staff
Even if Justice Brent Dickson wasn’t required to give up his seat on the Indiana Supreme Court when he turns 75 in July, he said Monday his decision to retire would be the same.
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Justices: Personalized licenses plates are government speech

November 6, 2015
Jennifer Nelson
The Indiana Supreme Court Friday upheld the Bureau of Motor Vehicles’ process for approving or denying requests for personalized license plates after finding the plates are government speech. A Marion County judge ruled last year the statute governing personalized license plates is unconstitutional.
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E-filing to begin Monday in Indiana appeals courts

November 6, 2015
Jennifer Nelson
The e-filing pilot project that kicked off in Hamilton County in July will now include the Indiana Supreme Court and Court of Appeals. Chief Justice Loretta Rush signed an order Friday expanding the project to the appellate courts beginning Monday.
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Justices acquit mother involved in fistfight turned fatal

November 5, 2015
Jennifer Nelson
The Indiana Supreme Court acquitted the woman involved in a planned beatdown that resulted in one man dying and she, her son and another man being convicted of attempted aggravated battery. The justices previously this year ordered the other two perpetrators’ convictions reversed and said the “basic principle of justice” requires the same result in the woman’s case.
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Porter and Lake counties welcome Indiana justices

November 2, 2015
Marilyn Odendahl
The 1,100 seat auditorium at Portage High School was nearly full Oct. 30 as students from 10 schools along with members of the legal community attended the Indiana Supreme Court’s oral arguments.
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Supreme Court takes up property tax refund dispute

November 2, 2015
Dave Stafford
Whether the owners of an industrial property who were in default on a mortgage are entitled to a property tax refund is a question the Indiana Supreme Court will decide.
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Jurists honored for longevity of service

October 30, 2015
IL Staff
Eight Indiana jurists were honored by Indiana Supreme Court Chief Justice Loretta Rush for 24 years of service on the bench at an annual judicial conference, the court announced Thursday.
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Indiana Supreme Court hears police eavesdropping case

October 29, 2015
 Associated Press
A group of police officers were "pretty blatant" when they eavesdropped on conversations between a man facing a murder charge and his attorney and later found a gun based on what they had overheard, Indiana Supreme Court Chief Justice Loretta Rush said Wednesday.
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Supreme Court to head north for oral arguments

October 28, 2015
IL Staff
The Indiana Supreme Court will hear arguments in a domestic battery case Friday at Portage High School in Porter County. The traveling oral argument allows students, the public and press in other areas of the state to see how the court works.
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Detective’s testimony on drug buy inadmissible, but harmless error

October 27, 2015
Jennifer Nelson
The Indiana Supreme Court ruled the admission of a detective’s statement regarding a controlled drug buy should not have been admitted because it resolved the issue of the defendant’s guilt, but that admission into evidence was a harmless error.
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Indiana asks state's high court to rehear 'Elkhart 4' case

October 26, 2015
 Associated Press, IL Staff
The state has asked the Indiana Supreme Court to reconsider its decision to throw out murder convictions against three Elkhart men whose accomplice in a burglary was shot and killed by a homeowner.
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$450,000 in court reform grants awarded

October 19, 2015
IL Staff
The Indiana Supreme Court Monday announced $450,000 in court reform grants awarded to 15 counties, five pro bono districts, and one committee. The grants will help courts better manage an increasing caseload of unrepresented or pro se litigants and improve delivery of court services to litigants not proficient in English.
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Justices affirm attorney fees award in domestic arbitration

October 16, 2015
Dave Stafford
A trial court ruling ordering an ex-husband to pay his ex-wife’s legal fees in a divorce settled under the Family Law Arbitration Act was affirmed Friday by the Indiana Supreme Court.
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Attorney reprimanded for ex parte communication

October 15, 2015
Jennifer Nelson
A Tippecanoe County attorney has received a private reprimand after the Indiana Supreme Court concluded she violated Professional Conduct Rule 3.5(b) when an emergency petition for a temporary guardian appointment was presented to the judge before notice was presented to the parents.
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Justices to review day care couple’s manslaughter convictions

October 13, 2015
Jennifer Nelson
The Indiana Supreme Court will decide whether a couple convicted of involuntary manslaughter after a child died in their home-based Fishers day care should get new trials.
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Drug statutes not vague, but justices dismiss ‘spice’ charges

October 7, 2015
Jennifer Nelson
Two men who challenged their criminal charges for possessing chemical compound XLR11 had their charges dismissed by the Indiana Supreme Court Wednesday, but not because the statutes relating to the drug are unconstitutional as they had argued.
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Report on pro se litigants presented to Indiana Supreme Court

October 7, 2015
Marilyn Odendahl
A report and recommendations for addressing the issue of unrepresented litigants has been submitted to the Indiana Supreme Court but the contents are not being made public.
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Justices: Survivors cannot recover attorney fees

October 7, 2015
Marilyn Odendahl
The ambiguous phrase, “including but not limited to” in the state’s wrongful death statutes has again caught the attention of the Indiana Supreme Court, but this time the justices cautioned against broad interpretation.
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Remonstrators’ victories are short-lived

October 7, 2015
Marilyn Odendahl
In a string of reversals from the Indiana Court of Appeals, the judiciary seems to be saying that if a municipality indicates it will need the additional territory at some point in the future, then that is enough to allow an annexation to move forward.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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