Justices reinstate case dismissed over service questions
The Indiana Supreme Court reversed dismissal of a case because of questions about whether a defendant had properly been served notice.
Indiana Supreme Court
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Indiana Judicial Nominating Commission vote extended
Two Indianapolis attorneys – Barnes & Thornburg LLP partner Jan Carroll and Lee Christie, partner with Cline Farrell Christie & Lee – will have to wait a bit longer to find out who their peers elect to serve on the Indiana Judicial Nominating Commission.
Fostering cooperation between Indiana legal service providers
The Indiana Supreme Court has formed a new commission to address the problem of Indiana residents who cannot afford legal services. But rather than giving attention to the clients, this group will focus on the nonprofit agencies that provide the assistance.
Justices affirm trucker’s cocaine-dealing convictions
The Indiana Supreme Court unanimously affirmed the cocaine-dealing convictions of a truck driver who challenged the state police stop that led to discovery of the drugs and claimed he was denied a speedy trial.
Judicial nominating commission vote extended to Dec. 3
Because an untold number of attorneys eligible to vote for a lawyer member of the Judicial Nominating Commission didn’t receive ballots in the mail, the voting deadline has been extended.
Partially bifurcating trial prevented prejudice
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
Justices affirm dismissal of Logansport power plant suit
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
Justices affirm rejection of tendered jury instruction
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
Justices to hear convictions reversed due to prosecutor’s arguments
The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.
Justices reject Spierer-obsessed man’s appeal of gun confiscation
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
Attorney voting for Judicial Nominating Commission to be extended
The voting process to select a lawyer representative to the Judicial Nominating Commission by more than 7,400 eligible attorneys will be extended due to an undetermined glitch that resulted in some lawyers not receiving ballots.
2 BLE members reappointed
Indiana Chief Justice Brent Dickson has reappointed Senior Judge Barbara L. Brugnaux and Madison attorney Gary K. Kemper to the Indiana Board of Law Examiners. Their first terms as members expire Dec. 1.
Justices reverse custody modification but order status quo to continue, for now
The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.
David, Massa stake key positions on court
A review of the work of the Indiana Supreme Court in 2012 by Barnes & Thornburg LLP attorneys finds Justices Steven David and Mark Massa establishing themselves respectively as swing votes and active dissenters.
Filings continue to drop, as does funding for Indiana courts
A sharp decline in infraction and ordinance-violation cases is among factors that resulted in courts around the state collecting considerably less revenue, according to data released in the annual Judicial Service Reports.
Fewer cases being decided by juries, according to Indiana Supreme Court stats
The Indiana court system held 1,338 jury trials during 2012, continuing what court officials described as a “significant decline” across the state.
Judge facing discipline refused to take deposition oath
Marion Superior Judge Kimberly Brown refused to be sworn during a deposition before the Judicial Qualifications Commission – a videotaped moment of defiance used against her Monday at the outset of her weeklong disciplinary case.
Justices clarify sentencing order on remand
The Indiana Supreme Court granted a man’s petition for rehearing regarding his sentencing order, but again rejected his claim that concurrent sentences are required.
Car ad not deceptive, but salesperson’s statements keep fraud claim alive
Car dealers, like many businesses, often “puff up” their advertisements to make their cars more attractive to potential buyers, and this puffery can’t be the basis of deception or fraud claims, the Indiana Supreme Court ruled Tuesday. But a woman’s fraud claim against an Indianapolis car dealer will continue.
Justices take homeschooling-group expulsion case
The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.