Split Supreme Court reinstates convictions based on invited error
Finding no fundamental error, a split Indiana Supreme Court has reinstated a man’s multiple convictions that resulted in a nearly 50-year sentence.
Chief Justice Loretta Rush
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Indiana justices tell Legislature to follow the constitution
In what is being called “the right decision,” the Indiana Supreme Court has overturned the law that allowed the Legislature to call itself into a special session. However, the debate over whether the governor should have the exclusive power to convene the General Assembly when the legislators are out of session might not be settled.
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‘A tenacious spirit’: Chief Justice Rush commends perseverance of judiciary in unprecedented times
Indiana Chief Justice Loretta Rush on Jan. 12 presented her eighth State of the Judiciary address to Indiana Gov. Eric Holcomb, state lawmakers and fellow judges, providing an update on the condition of Indiana’s courts. She returned to the Indiana House of Representatives chamber to address the General Assembly following a virtual address in 2021.
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Web Exclusive: Women appellate judges widen the road for future judiciary
Indiana’s women appellate judges gathered for a celebration at an Indiana State Bar Association event last month to reflect on the history and significance of the 19th Amendment’s 100th anniversary.
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Female judges encourage women to seek out the bench, become ‘seed planters’
Women who aspire to become judges need mentors and role models to help show the way. One longtime Indiana appellate judge shared the value of such encouragement that speaks to the experience of many female jurists: “She saw something in me that I didn’t see in myself. That caused me to apply.”
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Articles
Justices split, find ‘jurisdictional gap’ in child molesting offense committed by minor who is now an adult
Neither the juvenile court nor the criminal court has jurisdiction over a man who allegedly committed child molesting while still a minor but whom the state did not attempt to criminally charge until he was over 21, creating a “jurisdictional gap” in cases where an offender ages out of the juvenile system, according to the Indiana Supreme Court. But the court’s majority holding was challenged by two dissenting justices, who argued the Indiana Legislature “would never have intended” for the alleged criminal act to go unpunished.
Decade of service: Indiana marks 10 years of veterans courts
A decade after the first veterans court opened in Floyd County, there are now 28 veterans courts statewide, according to the Indiana Supreme Court. On May 10, at the Ogle Hall auditorium on Ivy Tech Community College’s Sellersburg campus, the first veterans court celebrated its 10th anniversary along with a ceremony honoring its newest cohort of graduates.
Molter appointed newest Indiana Supreme Court justice
A man characterized as “compassionate” and “forward thinking” with “a brilliant legal mind” has been tapped to fill an upcoming vacancy on the Indiana Supreme Court.
Holcomb to announce new IN Supreme Court justice this week
The newest Indiana Supreme Court justice will be announced sometime this week, the governor’s office has confirmed with Indiana Lawyer.
As other states diversify, Indiana Supreme Court stays all-white, mostly male
Indiana is one of 20 states that has no Black, Latino, Asian American or Native American justices sitting on its Supreme Court, even though people of color make up 23% of the state’s population, according to a new report issued by the Brennan Center for Justice.
Current, former Indiana justices, judges react to SCOTUS leak
“Disappointed,” “stunned” and “saddened” were just a few of the words former and current Indiana appellate justices and judges used to describe how they felt about the recent leak in the nation’s highest court.
IN Supreme Court: Defendant denied fair proceeding, ordered new trial in child molestation case
A man convicted of child molestation has secured a new trial after the Indiana Supreme Court concluded he was wrongly denied a continuance to review new evidence submitted one day before trial.
Amendment adds IN Election Commission to appellate ‘administrative agencies’
The Indiana Election Commission has been added to the list of “administrative agencies” considered in Indiana’s Rules of Appellate Procedure.
Under the spotlight: IN Supreme Court candidates face myriad of legal, personal questions
The Indiana Judicial Nominating Commission didn’t shy away from big topics during the second round of Indiana Supreme Court interviews on April 5, prodding to see where candidates would land on questions ranging from underrepresentation on the bench to influences of personal bias in judicial philosophy to how much consideration judges should give the legislative branch.
IN justices: Forfeited funds can’t be released for defense, but summary judgment for state was inappropriate
A trial court cannot release money seized from a defendant back to the defendant for the purpose of funding his or her defense, the Indiana Supreme Court has ruled. However, the forfeiture action in question will continue after the high court reversed summary judgment for the state.
Justices allow patient to sue physician group, but split over ‘new standard’
Although the Indiana Supreme Court agreed a woman who was injured during physical therapy should be able to proceed with her complaint against her doctors, the justices split over the application of the Restatement (Second) of Torts Section 429, with one justice asserting the majority was applying a new standard that rendered Section 429 redundant.
Justices disagree on denying transfer in domestic violence, computer trespassing cases
Indiana Supreme Court justices last week could not come to an unanimous decision in declining to further consider two cases that sought transfer of jurisdiction before the high court.
JNC to hold final IN Supreme Court interviews on April 5
The final round of public interviews for a seat on the Indiana Supreme Court will be held on April 5.
IN justices rule probation officers are state employees, must be defended by attorney general
Probation officers are state employees who must be defended by the Indiana attorney general against litigation, the Indiana Supreme Court has ruled, reversing lower court rulings in favor of the state.
IN justices grant transfer to 1 case, split on 3 others
The Indiana Supreme Court has turned down a request by an Allen County man to determine whether he actually waived his right to appeal when he entered into a plea agreement, but two members of the court voted to hear the case.
Interviews lined up for IN Supreme Court vacancy
Interviews have been scheduled for 19 Hoosier lawyers and judges that applied to become the next justice on the Indiana Supreme Court bench.
Justices: South Bend condo HOA can move forward with faulty construction lawsuit
A homeowners association made up of condominium owners in a South Bend condo complex can move forward with its claims of faulty construction work against two of the four defendants named in its original lawsuit after a reversal by the Indiana Supreme Court.
Chief Justice Rush commends perseverance of courts, honors Justice David at State of the Judiciary
Indiana Chief Justice Loretta Rush presented her eighth State of the Judiciary address to Indiana Gov. Eric Holcomb, state lawmakers and fellow judges on the conditions of Indiana’s courts on Wednesday.
Rush to present 2022 State of the Judiciary on Wednesday
Indiana Chief Justice Loretta Rush is set to give her annual State of the Judiciary address on Wednesday, the Supreme Court has announced.