Justices answer certified question on fault
After revising a certified question received from the federal court, Indiana Supreme Court justices answered the question in the affirmative.
Justice Brent E. Dickson
Articles
Justices uphold modification of physical custody to father
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
Justices’ split reinstates COA annexation ruling
A split decision by the Indiana Supreme Court on an annexation battle between Greenwood and Bargersville means a lower appellate panel’s decision is reinstated and the city takes a win in the 29-month legal battle that has statewide implications.
Justices hear 3 cases, including robo-calls appeal
The Indiana Supreme Court heard three arguments this morning, including one case that it had granted emergency transfer to regarding whether the state should be constitutionally allowed to restrict robo-calls to residents.
Justices sharply split on insanity defense case
Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
Justices divided on firearm ‘use’ sentencing
A divided Indiana Supreme Court has held that state statute dictates that the use of a firearm can be the grounds for a sentence enhancement that doesn’t constitute a double jeopardy violation.
Justices: sentence shouldn’t have been upped on appeal
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
Justices split on imprisonment for violating probation
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
Justices order new trial to determine fault in Ford rollover suit
The Indiana Supreme Court has reversed the allocation of fault in a wrongful death action against Ford Motor Co. and other defendants, finding the evidence didn’t support allocating fault to the manufacturer of the seatbelt assembly and a nonparty. The high court was also faced with the challenge of allocating fault among the remaining parties.
Justices side with casinos’ interests on card counters, problem gambling losses
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card counters and holding that pathological gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
News Update: Justices rule in favor of casinos
The Indiana Supreme Court has given state casinos a double win, strengthening their rights by saying they can exclude card-counters and that problem gamblers can’t recover damages stemming from gambling losses as long as the casinos are following state regulations.
Justices rule in favor of casinos
The Indiana Supreme Court has given casinos a double win today, saying the businesses can ban card-counting and also that state statute doesn’t allow patrons to recover for losses they might incur because of problem gambling.
High court orders new murder trial
The Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview even after the man invoked his right to counsel several times.
Vested employer-provided health-insurance premiums are an asset
The Indiana Supreme Court held that employer-provided health-insurance benefits constitute an asset once they have vested in a party to the marriage, and addressed for the first time the possible methods of valuing these benefits in marriage dissolution. This conclusion led one justice to dissent because it disrupts existing dissolution property division law.
Indiana Supreme Court review analyzes trends, voting patterns
Every summer, an attorney-authored review analyzes and highlights the Indiana Supreme Court’s activity during the past
year. But only rarely does that report come at a time when the state’s highest court is seeing change.
Appellate court openings spark discussion about experience
Whether someone has worn a black robe before joining an appellate court is a discussion that often surfaces whenever one of
those judiciary posts opens in either the state or federal system.
Justices: statements fall within qualified privilege
The Indiana Supreme Court affirmed summary judgment in favor of a company and its employee in a defamation suit because qualified
privilege precludes the defamation action.
Decision resolves conflicting appellate rulings
An offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited
matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.
Justices decide statute, court rule issue
Even if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.
Justices: Jury issues don’t require new trial
The Indiana Supreme Court affirmed a jury award in favor of a man accused of rape in a civil suit, ruling the jury didn't receive improper communications and the trial court didn't err in providing impasse assistance to the jury.