Justices take certified question on railroad issue
The Indiana Supreme Court has accepted a certified question posed by the United States Court of Federal Claims regarding railbanking and interim trail use.
Indiana Supreme Court
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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.
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.
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.
High court questions whether transactions are leases or security interest sales
Examining whether a transaction between two businesses is a lease or a sale subject to security interest, the Indiana Supreme Court has adopted an approach used in Colorado. The court held that various factors, such as the economy, must be considered in each situation to decide that question.
Justices rule on lawyer liablity coverage case
Questions exist as to whether the professional liability coverage carrier for a disbarred attorney misled two former clients about helping them collect on legal malpractice claims.
Supreme Court aligns with trial court in dog-attack case
The Indiana Supreme Court has affirmed a trial court judge’s finding that the city of Evansville and its animal control division are not liable in a dog attack that seriously injured a boy.
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.
Annual Supreme Court review shows more agreement, shifts in alignment
Welcoming a new justice was undeniably the most notable moment for the Indiana Supreme Court in 2010. That lineup change captured the headlines, but it’s not the only item of interest for Indiana court-watchers.
Supreme Court to hear arguments Tuesday
The Indiana Supreme Court will hear arguments Tuesday in two child molesting cases and one personal injury case.
Judges, prosecutors to get pay raises
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 1.3 percent pay increase for judges and prosecutors.
High court denies rehearing in secretary of state eligibility suit
The Indiana Supreme Court will continue to stay out of the suit involving Indiana Secretary of State Charlie White and whether he was eligible to run for office.
New state public defender, BLE director chosen
Announcing two new appointments simultaneously, the Indiana Supreme Court has chosen the state public defender and director of the Board of Law Examiners.
Justices address incompetent defendants in 2 cases
The Indiana Supreme Court handed down two opinions Tuesday in which the defendants, who were found to be incompetent at some point, argued that pending charges violated their rights to due process on fundamental-fairness grounds.
Justices suspend attorneys for not paying fees, doing CLE
The Indiana Supreme Court has suspended 210 attorneys for not complying with continuing legal education requirements or nonpayment of attorney registration fees.
7th Circuit dismisses law suit over bar exam
The 7th Circuit Court of Appeals has dismissed an Indiana man’s suit in which he claims he should be able to sit for the bar exam even if he didn’t go to law school. The federal appellate court dismissed it for failure to timely pay the required docketing fee.
Judges affirm motion to suppress after illegal police entry
An Indiana Court of Appeals judge wrote a separate opinion in an unlawful arrest case, emphasizing that the facts before the court differ from those before the Indiana Supreme Court justices in Barnes v. State.
Man’s Sixth Amendment right not violated
The failure of a judge to inquire into a defendant’s written complaint about his public defender didn’t violate the defendant’s Sixth Amendment right to effective assistance of counsel, the Indiana Supreme Court held Wednesday. However, the justices explained if a trial judge finds him or herself in a situation similar to the one presented, that judge should at least receive assurances from the public defender’s office that the complaint has been adequately addressed.
Legislative committee to look at Barnes decision
Not since daylight-saving time has an issue agitated Sen. Brent Steele’s constituents as much as the recent decision by the Indiana Supreme Court on illegal police entry.