Indiana Supreme Court

Justices take appeal involving eavesdropping cops

September 21, 2015
Dave Stafford
Whether Michigan City police officers should be forbidden from testifying in a murder case because they eavesdropped on the suspect’s conversation with attorneys will be decided by the Indiana Supreme Court.
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Justices vacate murder convictions for 3 of ‘Elkhart 4’

September 18, 2015
Dave Stafford
Three members of the “Elkhart 4” convicted of murder in a controversial, highly publicized case in northern Indiana had their murder convictions vacated Friday by the Indiana Supreme Court.
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Altice robing ceremony set for Monday

September 17, 2015
IL Staff
Former Marion Superior Judge Robert Altice’s public robing ceremony will be at 2 p.m. Monday in the Indiana Supreme Court courtroom, with Chief Justice Loretta Rush administering the oath to the state’s newest Court of Appeals judge.
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Rural central Indiana landowners fight town's annexation bid

September 15, 2015
 Associated Press
The state's highest court is set to hear a legal battle by a group of rural landowners fighting to prevent an adjacent central Indiana town from annexing their land and subjecting them to higher taxes.
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Judges to join students in Constitution Day celebration

September 14, 2015
Marilyn Odendahl
Indiana appellate and trial court judges along with Indiana Supreme Court attorneys will be celebrating Constitution Day by visiting with more than 2,500 students across the state.
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Indiana Supreme Court affirms Kentucky lawyer not a Hoosier

September 10, 2015
Marilyn Odendahl
A Kentucky attorney who never practiced north of the Ohio River got the Indiana Supreme Court to agree she was not a Hoosier.
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Supreme Court releases annual report

September 9, 2015
IL Staff
The Indiana Supreme Court has released its annual report covering the fiscal year July 1, 2014-July 1, 2015. The report may be viewed here.
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Justices take 2 sex offender registry appeals

September 8, 2015
Dave Stafford
The Indiana Supreme Court took two appeals last week challenging the application of the state’s Sex Offender Registry Act. The cases are among five transfers granted for the week ending Sept. 4.
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Indiana Supreme Court agrees to hear Zionsville merger case

September 3, 2015
Lindsey Erdody
The Indiana Supreme Court has agreed to hear a case involving Zionsville’s ability to merge with Perry Township.
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Lack of evidence gets criminal confinement conviction dropped

September 2, 2015
Marilyn Odendahl
A Jefferson County man, convicted of beating up someone who testified against his daughter’s boyfriend, did not confine the victim during the assault, the Indiana Supreme Court has ruled.
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Justices: Commissioners may void county fire districts

September 2, 2015
Dave Stafford
The Indiana Supreme Court held Tuesday in long-running litigation out of Brown County that county commissioners in Indiana have the authority to dissolve county fire districts.
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Justices take case challenging domestic battery conviction

September 1, 2015
Dave Stafford
A man’s convictions of Level 6 domestic battery and battery for his violent acts during a family reunion at a bowling alley will get a second look from the Indiana Supreme Court.
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Supreme Court opens door for Indiana Tech law students to apply for bar exam

August 31, 2015
Marilyn Odendahl
The Indiana Supreme Court has carved out an exception for Indiana Tech Law School, enabling the first graduating class to continue working toward state licensure.
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Award of attorney fees in wrongful death depends on existence of survivors

August 27, 2015
Marilyn Odendahl
In a case of first impression, the Indiana Supreme Court said it was “neither absurd nor contrary to public policy” to find the state’s General Wrongful Death Statute provides different damage awards depending on survivors.
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Justices affirm denial of intervention in lengthy foreclosure suit

August 27, 2015
Dave Stafford
A clerk’s failure to docket a Carmel homeowner association’s judgment against a homeowner doesn’t mean a mortgagee was denied notice that a claim existed against the property, the Indiana Supreme Court ruled Thursday. Justices held a lis pendens filing  provided sufficient notice.
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Indiana justices hear dispute over '0INK' vanity plate

August 27, 2015
 Associated Press
A state lawyer argued Indiana’s Bureau of Motor Vehicles has the right to reject offensive messages sought on personalized license plates because every license plate has some government speech on it.
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Justices OK award of attorney fees in mechanic’s lien suit

August 26, 2015
Dave Stafford
Subcontractors who worked on an IMAX movie theater in Portage and had to foreclose mechanic’s liens in order to get paid are entitled to legal fees, the Indiana Supreme Court ruled, affirming a Porter Superior trial court.
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Days on appeal bond not subject to credit time

August 26, 2015
Dave Stafford
A defendant who was released after an appeals court vacated a conviction that was later upheld by the Indiana Supreme Court cannot count the time he was released pending appeal against his sentence.
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Maternity leave not excusable neglect for bank, but remand ordered

August 24, 2015
Dave Stafford
Huntington Bank failed to convince the Indiana Supreme Court that an overlooked notice in a mortgage foreclosure case was excusable neglect because the person who normally handled such notices was on maternity leave.
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Supreme Court reverses termination of father’s parental rights

August 21, 2015
Marilyn Odendahl
A man serving a 10-year sentence for dealing in methamphetamine, neglect of a dependent and maintaining a common nuisance is being given the opportunity to show he has changed.
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Supreme Court rejects Think Tank trade secret appeal

August 17, 2015
IL Staff
A divided Indiana Supreme Court declined to hear an appeal from a northwest Indiana software company that unsuccessfully sued former employees it claimed divulged trade secrets to a competitor.
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Estate battle remanded to trial court to determine timeliness

August 4, 2015
Marilyn Odendahl
An heir was successful in asserting he had a claim to his father’s estate but has more work to convince the courts he filed his claim in a timely manner.
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2015 conference of judicial PIOs kicks off in Indianapolis

August 3, 2015
Marilyn Odendahl
Media liaisons and judicial spokespeople from around the United States are in Indianapolis for the 2015 annual meeting of the Conference of Court Public Information Officers Aug. 3 - 5. This is the first time the conference has visited Indiana.
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Justices affirm molestation conviction despite vouching testimony

July 30, 2015
Dave Stafford
A man’s conviction of Class C felony child molestation was affirmed Thursday by the Indiana Supreme Court, which held that even though improper vouching testimony was admitted in error, the defendant failed to preserve the issue for appeal.
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Rehearing finds defendant can raise additional defenses

July 30, 2015
Marilyn Odendahl
In tweaking an earlier reversal, the Indiana Supreme Court has given the defendant the avenue to raise additional unasserted defenses.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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