Articles

Police entry violated man’s constitutional rights

The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the
man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs
found in the man’s apartment must be suppressed.

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Justices: no summary judgment for grocer in negligence suit

The Indiana Supreme Court upheld the denial of a supermarket’s motion for summary judgment in a negligence case, finding
the company failed to carry its burden in showing that criminal activity on its premises at the time a customer was assaulted
wasn’t foreseeable.

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Justices address economic loss rule in 2 opinions

In two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library
seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against
a title company.

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Justices address habitual-offender statute

The Indiana Supreme Court tackled the state’s habitual-offender statute today in two separate rulings, finding that
an instant offense of drug dealing, coupled with a prior conviction, can qualify a defendant as a habitual offender.

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Justices answer certified question

The Indiana Supreme Court Monday answered the certified question sent to them by the U.S. District Court in New York about
what standard should be applied in determining whether a director is “disinterested” under Indiana Code Section
23-1-32-4(d).

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High court takes 4 cases

The Indiana Supreme Court granted four transfers June 24, including one in which the Indiana Court of Appeals extended the
duty to prevent injury to sports participants to include sporting event volunteers.

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Justices order trial on reasonable force issue

A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from
liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme
Court held today.

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Justices: Claim not allowed under MedMal act

Because claims for emotional distress aren’t allowed under the Adult Wrongful Death Statute, a father can’t bring
this type of derivative claim under the Medical Malpractice Act, the Indiana Supreme Court ruled today.

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Justices dismiss DCS transfer petition

The Indiana Supreme Court has dismissed a transfer petition filed by the Indiana Department of Child Services because the
Indiana Court of Appeals ruled in favor of the DCS.

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Justices rule on judicial mandate case

In its first case since the state amended its rules last year on how judicial mandates are handled, the Indiana Supreme Court
has today issued a decision about a St. Joseph Superior judge’s mandate for the county to pay for multiple items he
considered necessary for running the local juvenile justice system.

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SCOTUS won’t take Indiana lab tech case

The nation’s highest court won’t take a case from the Indiana Supreme Court, which decided last year that it did
not violate a man’s Sixth Amendment rights for a lab technician who’d processed DNA evidence to not testify at
trial.

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Supreme Court denies transfer to four

The Indiana Supreme Court denied transfer in four cases June 3. As of today’s Indiana Lawyer daily deadline,
the court had not yet posted transfers since those from the week ending June 4.

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Justices say sentencing scores can be used

State trial judges can consider sentencing scores to help tailor penalties to individual defendants, as long as those results
aren’t used as final aggravating or mitigating factors in deciding a penalty length, the Indiana Supreme Court says

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Officer’s questions went beyond seat belt act

The inquiry by a police officer to a driver stopped for a seat belt violation about the "large, unusual bulge"
in his pants went beyond the state's Seatbelt Enforcement Act, the Indiana Supreme Court ruled Thursday.

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