Articles

Lawmakers discuss scope of police entry case

A Bedford lawyer-legislator says a recent Indiana Supreme Court decision on resisting police entry has resulted in more feedback from attorneys and residents statewide than he’s experienced since the daylight saving time debate.

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Justices split on recovery of attorney fees under Adult Wrongful Death Statute

The Indiana Supreme Court issued three opinions June 29 dealing with what fees are recoverable under the Adult Wrongful Death Statute, holding that attorney fees, litigation expenses, and loss of services can be recovered. Chief Justice Randall T. Shepard and Justice Robert Rucker dissented in each decision, believing that those fees aren’t allowed under the statute.

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Justices: Child placement statutes are constitutional

In a much-anticipated ruling, the Indiana Supreme Court has ruled three statutes relating to juvenile judges’ authority on out-of-state placement cases are constitutional and that the Department of Child Services has statutory power to consider costs when considering those placements.

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High court divided on public intoxication charge

In deciding that a woman’s public intoxication conviction should stand, four Indiana Supreme Court justices declined to reverse her conviction on public policy grounds and found the conviction didn’t violate any constitutional right.

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Court: Man may be classified as sexually violent predator

The Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of powers.

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Recount commission rules in favor of secretary of state

Indiana Secretary of State Charlie White will remain in office. The Indiana Recount Commission voted 3-0 in favor of White, finding the Indiana Democratic Party didn’t provide sufficient evidence that White wasn’t eligible to take office.

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High Court accepts 7 transfers

The Indiana Supreme Court has taken seven cases on transfer, including a case in which the lower appellate court was split on a construction manager’s duty to an injured worker.

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Justices discuss jury unanimity in molestation cases

The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.

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Justices uphold admitting juvenile’s confession

The Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The justices did also emphasize that the waiver used should be altered to make it more clear.

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Justices asked to rehear Barnes

The Indiana Supreme Court is being asked to revisit a ruling on a person’s right to resist illegal law enforcement entry into one’s home, and 71 state legislators have signed an amicus curiae brief asking the justices to narrow their decision.

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