Appellate courts, state offices delay Monday opening
Office hours for Indiana’s appellate courts, staff and related agencies will begin at 10 a.m. Monday due to anticipated inclement weather, the courts announced late Friday.
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Hearing officer recommends 1-year suspension for Ogden
Indianapolis attorney and blogger Paul Ogden should receive a one-year suspension for email criticisms of a judge, the hearing officer in his disciplinary case has recommended to the Indiana Supreme Court. Ogden shows no sign of relenting in a matter he says is about attorneys’ free speech.
Amendment gives juveniles right to counsel
A child charged with a delinquent act will be entitled to be represented by an attorney, according to an order handed down this month by the Indiana Supreme Court. The order creates Rule 25 in the Indiana Rules of Criminal Procedure.
Can parents sue DCS? Yes, divided justices rule
A sharply divided Indiana Supreme Court decision that a family may sue the state’s child protection agency for negligence is sure to resonate within the Department of Child Services, attorneys familiar with the case said.
Exclusive appeal notice filing with state clerk begins Jan. 1
Attorneys who don’t file a notice of appeal with the Office of the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court after Jan. 1 will forfeit their right to appeal.
Justices: Lab tech does not need to testify
The Indiana Supreme Court Thursday concluded that a laboratory technician involved in the chain of custody of DNA evidence is not required to testify at trial in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.
Life sentence upheld for man who killed neighbor
The Indiana Supreme Court rejected a man’s claims that certain photos of a murder victim should not have been admitted at his trial. The justices upheld Tyrice Halliburton’s life without parole sentence for the murder of Sheena Kiska.
Supreme Court revives Rockport plant proposal
The Indiana Supreme Court revived a controversial state-backed deal that would facilitate construction of a $2.7 billion coal-using synthetic natural gas plant in Rockport. The decision likely sets up another round of state regulatory review if developers choose to move forward.
Timing of wrongful death claim disputed
In a wrongful-death claim filed nearly five years after a nursing home death, the Indiana Supreme Court is considering whether in instances of fraudulent concealment the two-year limitation clock starts over or if giving plaintiffs “reasonable time” to file is an acceptable standard.
Clenched fist and aggressive behavior merit resisting law enforcement conviction
The Indiana Supreme Court acknowledged that precedent does not provide a clear definition of “resisting arrest,” but still the court knew it when it saw it in a case where a man was subdued with a Taser after ignoring a police officer’s order to get down on the ground.
Justices decline to apply dollar for dollar credit for Social Security retirement benefits
The Indiana Supreme Court Thursday declined to revisit previous caselaw regarding crediting Social Security Retirement benefits to a noncustodial parent’s child support obligation. The justices affirmed the trial court’s decision to include the benefits in the custodial parent’s weekly adjusted income.
Justices take 3 cases
The Indiana Supreme Court granted transfer to three cases last week, including a lawsuit filed by parents after their severely disabled daughter died at school as a result of choking on food.
Juvenile Detention Alternatives adds 11 counties
Eleven counties have joined the original eight participating in Indiana’s Juvenile Detention Alternatives Initiative, the Indiana Supreme Court announced Monday. The expansion will extend JDAI services to 56 percent of juveniles from 10 to 17 years old.
Brother in Holiday World dispute still fighting for ownership
The family battle over the southern Indiana amusement park, Holiday World and Splashin’ Safari, could be moving to the Indiana Supreme Court.
Christie elected to Judicial Nominating Commission
Lawyers have elected Indianapolis attorney Lee Christie to the Judicial Nominating Commission.
Divided Supreme Court reinstates claim DCS mishandled abuse case
Claims that the Department of Child Services was negligent in its handling of child-molestation allegations were reinstated Tuesday, when a divided Indiana Supreme Court in a 3-2 opinion reversed in part a trial court grant of summary judgment.
Justices decline convicted police officer’s murder appeal, 21 other cases
The Evansville police officer convicted in the 1990s of murder and arson for the death of his mistress will not be getting a new trial. The Indiana Supreme Court declined Glenn Patrick Bradford’s appeal, leaving his convictions in place.
Justices: Trustee of revocable trust serves self
The Indiana Supreme Court accepted a revocable trust case to answer the first impression question: While a trust is revocable, whom does the trustee serve? The justices concluded that an Indiana woman, as trustee, served herself.
Justices: Search of vehicle violated woman’s constitutional rights
The Indiana Supreme Court Thursday reversed the admittance of statements a woman made to police after a concerned citizen set up a sting operation attempting to catch an alleged drug dealer. The justices held that the warrantless seizure of Danielle Kelly’s person and vehicle violated her constitutional rights.
Youth alternative detention program expanding
The state’s Juvenile Detention Alternatives Initiative is expanding into more counties, the Indiana Supreme Court announced Thursday, thanks to more than $5 million in funding appropriated by the Legislature.