Indiana Supreme Court

DCS insists no right to sue over disclosed identity

November 8, 2016
Dave Stafford
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
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Indiana lawyers now must report misdemeanor convictions

November 8, 2016
IL Staff
Indiana attorneys now are explicitly required to report to the Supreme Court Disciplinary Commission any misdemeanor or felony conviction under sweeping changes to Admission and Discipline Rule 23.
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Supreme Court grants transfer in cellphone data privacy case

November 7, 2016
Olivia Covington
After an Ohio man’s convictions of armed robbery in Dearborn County were overturned by a divided Indiana Court of Appeals in August, the Indiana Supreme Court has agreed to hear the state’s appeal and decide if cellphone users have a reasonable expectation to the privacy of their tracked location information.
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Courts open comment period on online records access plan

November 4, 2016
Dave Stafford
Trial court orders and judgments in most non-confidential civil and criminal cases will be posted and universally available online, but attorneys and parties to cases initially will have far greater access to filings than the public, according to recommendations now open for public comment.
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DCS insists no right to sue over disclosed identity

November 3, 2016
Dave Stafford
A state attorney argued before the Indiana Supreme Court Thursday that the Department of Child Services cannot be sued by a man who reported suspected child abuse but whose promise of confidentiality was violated when his identity was disclosed to those he reported.
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Undocumented worker's injury suit puts major issues before justices

November 2, 2016
Dave Stafford
An undocumented immigrant’s workplace injury — and how much he may be entitled to — has put the rising number of foreign-born workers, the rights they can expect, and the responsibilities of employers squarely before the Indiana Supreme Court.
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AG files for emergency stay in case against beer wholesaler

November 1, 2016
IL Staff
The state is fighting a court order that would require it to grant a wholesaler permit to Spirited Sales LLC, a company affiliated with Monarch Beverage that wants to sell liquor.
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Seymour attorney with Alzheimer’s suspended for disability

October 28, 2016
IL Staff
A Seymour attorney who has been diagnosed with Alzheimer’s disease and who is facing a felony fraud charge has been suspended from the practice of law in Indiana because of his mental disability.
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Homeowner can be liable for party injuries resulting in death, but not for furnishing alcohol

October 26, 2016
Olivia Covington
The Indiana Supreme Court held Wednesday that a woman whose party guest died at her home after a drunken brawl could be considered negligent because she did not seek care for the guest, but not on the basis of supplying alcohol to the men involved in the fight.
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IN Supreme Court holds that bar shooting was not foreseeable

October 26, 2016
Olivia Covington
After deciding that foreseeability in the context of duty in a negligence case is different than in the context of proximate cause, the Indiana Supreme Court held Wednesday that a Grant County bar was not negligent in a shooting that injured three people because the shooting was not foreseeable.
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Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument

October 25, 2016
Olivia Covington
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
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Indiana Supreme Court upholds decision granting convicted felon’s motion for relief

October 25, 2016
Olivia Covington
The Indiana Supreme Court will allow a convicted felon to bring his case for post-conviction relief back to court to be heard on the merits after finding that his motion for relief was filed in a timely manner, despite a seven-year delay.
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Stanley ruling extends to government medical reimbursements

October 21, 2016
Dave Stafford
The Indiana Supreme Court on Friday extended the admission of evidence of reduced health care payments in personal injury suits to include reimbursements from government payers.
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Justices hear arguments in Lawrence wrongful-firing suit

October 20, 2016
Olivia Covington
After the newly elected mayor of the city of Lawrence fired him from his position as superintendent of the city Utility Services Board, counsel for Carlton Curry told the Indiana Supreme Court Thursday that the mayor had no legal right to terminate the former superintendent without actual cause.
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Supreme Court takes oral arguments to Ball State

October 17, 2016
IL Staff
The justices of the Indiana Supreme Court will travel to Ball State University next week to hear oral arguments in a case involving a karate injury.
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Indiana judicial leaders honor Judson after 40 years with state judiciary

October 13, 2016
Olivia Covington
Judges and attorneys from around Indiana gathered together Wednesday to honor a member of the Indiana Supreme Court family who they say is the reason the court has operated effectively and efficiently for the last 40 years.
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Justices say inmates can’t sue private employer for unpaid wages during incarceration

October 12, 2016
The Indiana Supreme Court granted transfer and affirmed Wednesday a trial court’s decision to dismiss a complaint seeking unpaid wages brought by inmates who claim they were underpaid while working for a private company while they were in prison.
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Indiana Supreme Court won't take case over medical bills

October 10, 2016
 Associated Press
The Indiana Supreme Court has declined to take a case involving a man who was seriously injured in a crash and amassed over $625,000 in medical bills.
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Supreme Court prohibits legal practice for 4 attorneys

October 10, 2016
IL Staff
Four Indiana attorneys can no longer practice law in the state after the Indiana Supreme Court decided on four disciplinary cases late last week.
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Justices consider rights of privacy vs. public safety in 4th Amendment case

October 6, 2016
Olivia Covington
At the center of an Indiana Supreme Court oral argument Thursday was the question of when exigent circumstances and an officer’s community caretaker role trump a citizen’s right to protection from unlawful searches and seizures under the Fourth Amendment.
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Justices hear home explosion appeal

October 5, 2016
Olivia Covington
Nearly four years after he orchestrated an Indianapolis home explosion that killed two people, Mark Leonard is arguing that he should not have to spend the rest of his life in prison because his Sixth Amendment rights were violated.
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Justices opt to resentence convicted murderer facing life without parole

October 4, 2016
Olivia Covington
The Indiana Supreme Court chose to exercise its “appellate prerogative” and resentence a convicted murderer  to a total term of 88 years in prison after the man appealed his sentence on the basis of a Sixth Amendment violation.
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Supreme Court upholds man's murder, robbery convictions

September 29, 2016
Olivia Covington
The Indiana Supreme Court has upheld a man’s convictions and life sentence for murder and robbery after the justices rejected each of his arguments alleging error on the part of the Grant Superior Court.
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Supreme Court vacates order to require restitution as part of woman’s probation

September 29, 2016
Olivia Covington
The Indiana Supreme Court has vacated an order a defendant pay restitution as a condition of probation after finding that the trial court failed to determine that the defendant did not have the ability to pay.
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Domestic relations, tax sale case designations to change

September 26, 2016
IL Staff
Domestic relations case-type designations will change in 2017, from “DR” for all case types to “DC” for cases in which children are involved and “DN” for those without children. The change was announced in an Indiana Supreme Court order issued Friday.
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  1. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  4. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  5. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

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