Justices: Previous ruling did not alter fundamental error doctrine
The Indiana Supreme Court wants to clear up potential confusion involving the state’s fundamental error doctrine.
Indiana Supreme Court
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Justices vacate transfer in insurance dispute
A divided Indiana Supreme Court decided last week that it will no longer take an insurance case involving a landlord and tenant that also divided the Indiana Court of Appeals.
Lawyer to justices: 4th Amendment waivers require reasonable suspicion
Community corrections officers should have cause before searching the home of someone who has signed a waiver of their Fourth Amendment rights as a condition of probation, a lawyer argued recently before the Indiana Supreme Court.
Justices add malpractice, adoption cases to docket
The Indiana Supreme Court will review summary judgment in favor of healthcare providers sued for medical malpractice in a stillbirth case as well as an adoption by a grandmother who claimed a 1997 conviction for neglect of a dependant should not automatically bar her from adopting the children.
Defendant must try to prevent crime discovery for statute of limitations to toll
In dealing with an issue of first impression, the Indiana Supreme Court found a robbery charge should be dismissed because it was filed outside of the statute of limitations. The state argued the defendant had concealed evidence of the crime, thus tolling the five-year statute of limitations.
Justices send post-conviction case back to COA for consideration
The Indiana Supreme Court has vacated the dismissal of a Marion County post-conviction case and remanded it to the Court of Appeals. That was one of two cases justices took action on last week.
Senate votes to raise judicial retirement age
Indiana appellate judges could serve until age 80 under a bill that cleared the Indiana Senate Thursday.
Denial by justices to take prosecutorial misconduct case draws dissent
Believing that the Indiana Supreme Court should have taken a case involving the “disturbing trend” of alleged prosecutorial misconduct, two justices dissented from their colleagues' decision to not accept the case.
Supreme Court permanently bans Muncie judge
A Muncie judge who was previously suspended for 13 counts of judicial misconduct and for using racial slurs recorded on video has been given a lifetime ban from serving on the bench.
Justices uphold convictions in second trial after partial deadlock
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
Rush proposes business court, makes pitch for e-filing funding
In her first State of Judiciary speech, Indiana Chief Justice Loretta Rush on Wednesday said the judiciary is “currently working on the development of a business court model focused on complex commercial litigation,” and urged the General Assembly to help fund the courts’ electronic filing initiative.
Ruling extends standing in adoption cases to those with ‘lawful custody’
The sometimes-bitter litigation between a child’s adoptive parent and her grandparents who raised her from a young age yielded a decision from the state’s highest court that family law experts believe may represent a significant shift in adoption cases.
Justices to hear appeal of man convicted in son-in-law’s stabbing
The Indiana Supreme Court has added to its docket a case that split the Court of Appeals over whether allegedly inconsistent statements of a man stabbed by his father-in-law should have been admitted.
Court properly excluded evidence regarding victim’s truthfulness
The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.
Civil Rights Commission exceeded authority in upholding complaint
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.
Rush’s debut State of the Judiciary address set
Indiana Chief Justice Loretta Rush will deliver her first State of the Judiciary address before a joint session of the General Assembly next week.
Right-to-work court battle may not be over
Despite a series of court rulings upholding Indiana’s right-to-work law, unions are not stopping their efforts to have the law overturned. Some opponents are considering petitioning for a review by the Supreme Court of the United States as well as filing another lawsuit in Indiana state court.
Justices grant transfer to insurance, will disputes
The Indiana Supreme Court will hear the insurance dispute involving a landlord and tenant that divided the Court of Appeals earlier this year.
Justices vacate adoption by stepdad in win for grandparents
The Indiana Supreme Court on Tuesday stripped the adoption of a child by her stepfather, ruling that maternal grandparents who had been primary caregivers early in her life were wrongly denied an opportunity to consent to or contest the adoption.
Supreme Court issues order on pretrial release
The Indiana Supreme Court plans to implement an evidence-based pretrial release program in Indiana, according to an order signed by Chief Justice Loretta Rush Monday. In order to do so, a study committee will develop and implement at least one pilot project.