Indiana Supreme Court

DNA result shielded from rape trial jury

April 20, 2016
Dave Stafford
A man convicted of rape wasn’t permitted at his trial to introduce DNA evidence collected from the victim when she sought medical attention. The DNA was from another man who also was at the party attended by several other people who testified the crime took place.
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Supreme Court declines to rule on legislative emails case

April 19, 2016
Scott Roberts
The Indiana Supreme Court on Tuesday affirmed dismissal of a case where the Energy and Policy Institute requested copies of correspondences from state Rep. Eric Koch under the Indiana Access to Public Records Act. The court said while APRA can be applied to the General Assembly, the specific issue of whether Koch’s emails are exempt from disclosure in this case under the work product exemption is non-justiciable.
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Justices: Custody petition permitted during CHINS case

April 13, 2016
Scott Roberts
The Indiana Supreme Court reversed a trial court, ruling an aunt and uncle could bring a custody action despite a child in need of services case that was pending for the child in Posey Circuit Court.
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Supreme Court upholds man’s death sentence

April 12, 2016
Scott Roberts
The Indiana Supreme Court affirmed a man’s death sentence Tuesday after he pleaded guilty to brutally murdering a woman.
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E-filing pleadings to be mandatory July 1

April 12, 2016
After deciding last week all appellate pleadings and motions would be available online at mycase.in.gov within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.
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Justices affirm domestic violence determination

April 12, 2016
Scott Roberts
The Indiana Supreme Court sided with the trial court and overturned a Court of Appeals ruling Tuesday, finding a man’s domestic violence determination did not violate his Sixth Amendment right to trial by jury, and the evidence was sufficient to affirm his conviction.
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Supreme Court: City’s no-smoking ordinance does not violate state constitution

April 11, 2016
Scott Roberts
The Indiana Supreme Court upheld the city of Indianapolis’ no-smoking ordinance in a ruling Monday, saying it does not violate the Equal Privileges and Immunities Clause of Article I, Section 23 of the Indiana Constitution.
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Appellate pleadings, motions to be put online sometime in next 60 days

April 11, 2016
Scott Roberts
The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at mycase.in.gov sometime within the next 60 days
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Dickson saluted after final Statehouse argument

April 7, 2016
Dave Stafford
Retiring Indiana Supreme Court Justice Brent Dickson heard his final argument at the Statehouse courtroom Thursday, where his fellow justices and those arguing and attending saluted him with a standing ovation.
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Justices: Man who moved back to Indiana must register as sex offender

April 6, 2016
Scott Roberts
A man who moved back to Indiana in 2013 after he was convicted of child molesting in 1989 must still register as a sex offender, the Indiana Supreme Court ruled Tuesday. His registration does not cause an ex post facto violation nor place an additional punishment on him.
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Disciplinary Actions - 4/6/2016

April 6, 2016
IL Staff
Read whose license recently was revoked and who has been suspended by the Supreme Court.
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Riding out the storm

April 6, 2016
Dave Stafford
The Indiana Supreme Court's ruling for the state in a nearly six-year-old IBM suit is what the contract drafters "believed all along."
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Supreme Court: City not immune from injury suit

April 5, 2016
Scott Roberts
The Indiana Supreme Court ruled a city did not meet the requirements of the Indiana Tort Claims Act, and as such does not have immunity in a suit filed by a woman who fell in a city street and broke her leg.
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Supreme Court affirms second-degree murder charge, life in prison

April 5, 2016
Scott Roberts
The Indiana Supreme Court said admission of an autopsy report and testimony by a pathologist who did not complete the report was not a violation of a man’s Sixth Amendment right to cross-examination and thus affirmed the trial court’s conviction of second-degree murder.
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State appellate briefs make online debut

April 1, 2016
IL Staff
Briefs filed in Indiana appeals were made available for online for the first time Friday.
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Interim appellate court clerk replaces Smith

April 1, 2016
Dave Stafford
Long-serving Indiana appellate court clerk Kevin S. Smith resigned recently, and former deputy clerk Greg Pachmayr is now serving as interim clerk.
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Supreme Court: Blanket suppression goes too far in murder case

March 30, 2016
Scott Roberts
While police officers who overheard a pretrial consultation between a suspect and his lawyer were definitely in the wrong, the total suppression of all the officers’ testimony in the case may not be necessary, the Indiana Supreme Court ruled in a unanimous decision
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Man has sentence cut in half by Supreme Court

March 30, 2016
Scott Roberts
The Indiana Supreme Court cut a man’s sentence in half, from 32 to 16 years, by a 3-2 decision after it found consecutive sentences in the case were not appropriate because the state sponsored a series of identical offenses.
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Ruling ends statute of repose for some asbestos cases

March 23, 2016
Scott Roberts
The Indiana Supreme Court’s ruling that the statute of repose does not apply in prolonged asbestos cases could open the door for more cases to be filed, two Indianapolis attorneys said. However, they were split if the decision was the right one.
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Supreme Court: Consolidating precincts is not unconstitutional

March 22, 2016
Scott Roberts
The Indiana Supreme Court ruled an effort to consolidate small Lake County precincts to reduce election costs was not unconstitutional, finding it is neither an impermissible special law nor a violation of the separation of powers doctrine.
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Justices: IBM breached state welfare contract

March 22, 2016
Dave Stafford
IBM breached its master services agreement with the state in its failed bid to privatize and modernize Indiana’s welfare systems, the Indiana Supreme Court ruled Tuesday, more than six years after the state sued the tech giant over the $1.3 billion contract.
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Supreme Court takes protection order case

March 21, 2016
Scott Roberts
The Indiana Supreme Court granted transfer to one case last week, denying seven other petitions.
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Consumer groups call on Indiana lawmakers to release records

March 18, 2016
 Associated Press
Indiana lawmakers should be required to comply with their own public records law and release documents, including email correspondence with campaign donors and lobbying groups, a coalition of consumer advocacy groups told the Indiana Supreme Court on Thursday.
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Indiana Supreme Court hears lawmaker email case

March 17, 2016
 Associated Press
Lawyers for an open government group told the Indiana Supreme Court that lawmakers should be required to comply with the state's public records act.
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Supreme Court: Evidence sufficient for murder convictions

March 17, 2016
Scott Roberts
The Indiana Supreme Court upheld a man’s convictions of four counts of murder and four life sentences without parole after it found evidence was sufficient to justify his convictions. The case went straight from trial court to the Supreme Court because of the life without parole sentences.
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  1. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  2. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

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  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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