Defining decisions on legal lexicon
A single word might determine the fate of a case before one of Indiana’s highest courts, so it’s no surprise that judges will often turn to dictionaries to help interpret what a word and statute might mean.
Indiana Supreme Court
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Hammond traffic judge faces misconduct charges
Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without assessing required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
Supreme Court rules on cheek swab case
In a 4-1 decision handed down June 30, the Indiana Supreme Court found a man's consent to the swab of his cheek for DNA was voluntary, so the swab didn't violate the Fourth Amendment.
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.
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.
High court divided on revising molester’s sentence
Two justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years, believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
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.
Hearing officer finds in Carl Brizzi’s favor in disciplinary action
A hearing officer recommends that disciplinary charges be dismissed against ex-Marion County Prosecutor Carl Brizzi, and now it’s up to the Indiana Supreme Court to consider the case.
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.
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.
Justices reduce molester’s sentence to 110 years
The Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.
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.
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.
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.