Indiana judge lets death penalty appeal go to high court
A northern Indiana judge has ruled that a man who faces the death penalty can appeal, claiming the state’s death penalty law is unconstitutional.
Indiana Supreme Court
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Initiative leads to fewer juvenile delinquency filings
The number of youths finding themselves in the court system has been on a downward trend nationally and statewide, with the number of juvenile delinquency filings across Indiana steadily decreasing for the last decade.
Court authorizes interim solutions to infraction, ordinance violation e-filings
The Indiana Supreme Court posted an order this week authorizing e-filing of initial complaints and pleadings in infraction and ordinance violation case types.
Federal statute of limitations does not preempt state statute in collections action
The United States Congress’ purpose in passing the Interstate Commerce Commission Termination Act was not to preempt state statutes of limitations, the Indiana Supreme Court held Tuesday, so an 18-month federal statute of limitations cannot bar a transportation company’s collections claim against an Indiana manufacturer.
Ex-Supreme Court employee suing high court for discrimination, retaliation
A former Indiana Supreme Court employee is suing the state’s highest court for alleged ongoing disability discrimination and retaliatory actions.
Indiana Supreme Court looks to a tech future in budget request
As the Indiana Legislature prepares to outline the state’s priorities when crafting the next biennial budget during the 2017 session, the Indiana Supreme Court is requesting a $3 million boost to support the future of court technology, one of the judiciary’s highest priorities.
2016 Year in Review
From law school troubles to new court initiatives, take a look back at the top stories in Indiana Lawyer this year.
Justices find Ohio, Indiana burglary statutes are ‘substantially similar’
The Indiana Supreme Court Friday overturned a lower court’s decision to throw out a man’s serious violent felon charges, writing that statutes governing burglary convictions in Ohio and Indiana are “substantially” similar.
Justices reaffirm decision after correcting factual error
The Indiana Supreme Court has reaffirmed its decision to deny relief to a man convicted of child solicitation after granting a rehearing on that decision to correct a factual error.
Justices consider ‘reasonable suspicion’ standard in gun tip case
The Indiana Supreme Court heard arguments Thursday as to whether officers acting on a tip had reasonable suspicion to question and arrest a man in a movie theater lobby for having a gun without a license.
Petition to Supreme Court seeks statewide public defender system
Advocates for reforming Indiana’s patchwork approach to public defense for indigent Hoosiers announced they have petitioned the Indiana Supreme Court for a statewide system to remedy what they describe as an unfair, unequal and underfunded system.<
Chief justice makes case for court technology, other additional funding
Indiana Supreme Court Chief Justice Loretta Rush made her case to the State Budget Committee Tuesday for additional funding in the coming fiscal years for court technology, telling committee members that the additional investment in technology now would pay off for the state down the road.
Justices consider cellphone data in 4th Amendment case
Is the act of turning on a cellphone a voluntary agreement to share that data, or do consumers have a right to privacy of the location information collected from their personal devices? The justices of the Indiana Supreme Court heard legal arguments on both sides of that issue during oral arguments in a case on Dec. 8.
Justices weigh cellphone data privacy rights in 4th Amendment case
When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?
‘Strict compliance’ with contempt statute not required if sufficient notice is given
A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.
Justices deny transfer of CHINS ADA case with 3-2 vote
The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.
Justices consider conversion of felony to misdemeanor after plea agreement
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
Indiana Supreme Court considers general contractor’s duty of care to subcontractors
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
Justices consider transfer in chemical breath test case
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
Justices: warrantless search OK because of ‘objectively reasonable’ concerns
The Indiana Supreme Court affirmed a man’s drug conviction Tuesday, reiterating that if an officer encounters an emergency situation, then he or she may investigate further without a warrant.