Articles

Supreme Court rejects DCS ‘piecemeal litigation’ in CHINS cases

In response to the question of whether the Department of Child Services can file successive CHINS petitions based on evidence available at the time of the original petition — a practice that has drawn ire from the Indiana Court of Appeals — the Indiana Supreme Court has ruled that such a practice is barred. However, the specifics of the case the court addressed Thursday did not require reversal.

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Indiana Supreme Court blocks disputed Brownsburg annexation

Brownsburg has lost its final bid to annex nearly 4,500 acres of land after fighting residents who objected all the way to the Indiana Supreme Court. Justices ruled the town “did not satisfy its burden of proving it had met the statutory requirements for annexing the disputed territory.” 

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Justices: Trucking contract jurisdiction dispute may yield new rules

The Indiana Supreme Court affirmed the dismissal of a Hoosier trucking company’s amended complaint regarding a clause in a driver’s contract, although it found error with the dismissal’s basis on lack of personal jurisdiction. Justices also said this case will prompt consideration of rules so litigants can move to enforce contractual forum-selection clauses.

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Applicants sought for Lake Superior Court vacancy

A Lake County Superior Court judge will retire at the end of next month, prompting the Lake County Judicial Nominating Commission to begin the process of selecting his successor. The vacancy will occur April 30 when Judge William E. Davis retires from his position in Lake Superior Court, Civil Division, Room Five.

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David, Rush publish dissent as high court lets stand sentencing via video

Indiana’s chief justice and the most senior jurist on the Indiana Supreme Court published a sharp dissent Tuesday from a 3-2 ruling that could pave the way for defendants to be sentenced via video. Chief Justice Loretta Rush and Justice Steven David argued in the minority that defendants have a constitutional right to be physically present when a judge imposes a sentence for a crime.

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Justices: Agreed juvenile adjudication appeals follow T.R. 60

Juveniles who agree to delinquency adjudications cannot immediately challenge their adjudications on direct appeal, but instead must make a request for post-judgment relief via Trial Rule 60 before pursuing their constitutional right to appeal, the Indiana Supreme Court ruled.

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