ILNews

SCOTUS denies one Indiana case, sidesteps others for now

Back to TopCommentsE-mailPrintBookmark and Share

The Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than a month ago addressing vehicular flight.

The Indiana case the court denied certiorari on – the pro se prisoner civil rights suit of Larry B. Benge v. Edwin G. Buss, No. 10-3332 – comes from the 7th Circuit Court of Appeals and Southern District of Indiana.

In September, the Pendleton Correctional Facility inmate sued on allegations that his segregation in prison prohibited him from visiting the law library, access he needed to prepare for a separate action on habeas corpus relief. Citing caselaw that states there is no free-standing right to a law library or legal assistance in prison, Judge Tanya Walton Pratt found no evidence of prejudice and denied the case.

Benge appealed to the 7th Circuit in October and the appellate court dismissed the appeal because of the prisoner’s failure to pay the required docketing fee. He filed notice late last year of his intent to file a certiorari petition with the SCOTUS. The high court's denial puts an end to the case. The prisoner’s separate habeas petition action was dismissed against him at the end of February.

Issuing a 34-page order list today following its private conference late last week, the SCOTUS didn’t grant or deny certiorari on a case it was expected to address – Torrey Bauer v. Randall T. Shepard, No. 10-425, which asks whether Indiana’s judicial canons can restrict certain speech and activities of judges and judicial candidates. The court docket reflects the case was distributed for the justices to consider on Friday, although they’re not obligated to follow any timetable for a decision. U.S. Judge Theresa Springmann dismissed the case and upheld the canons, and the 7th Circuit last summer ruled the state canons aren’t unconstitutionally restrictive of free speech and should stand.

While the SCOTUS has no timetable on when it must rule on a case, justices could at any time issue a decision in the Indiana case of Marcus Sykes v. United States, No. 09-11311. It heard arguments on Jan. 12 on the case that involves a question of whether vehicular fleeing from police is considered a “violent felony” warranting enhanced sentences under federal law.

Dozens of pending cases and requests were included on the SCOTUS order list today, including one Kentucky suit asking the court to reconsider a 2005 ruling addressing whether Ten Commandment displays should be allowed on government property. The justices declined to accept the case of McCreary County, Kentucky v. ACLU of Kentucky, No. 10-566.

Aside from those issues, the court issued two opinions today in Bruesewitz v. Wyeth, No. 09-152, and CSX Transportation Inc. v. Alabama Department of Revenue, No. 09-520. In the Bruesewitz case, the court by a 6-2 vote held that a 1986 federal law prevents lawsuits by parents who claim that a drug maker should have sold a safer formulation of a vaccine that some say causes autism in children. The court in CSX Transportation voted 7-2 that the railroad company can challenge an Alabama tax of 4 percent on its purchase of diesel fuel.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT