Articles

BLE members dismissed from suit challenging notice, bar exam constitutionality

A federal judge has declined to hear a recent law school graduate’s case against the members of the Indiana Board of Law Examiners, citing precedent that requires federal courts to abstain to from hearing certain ongoing state proceedings. But the judge did require the state to respond to the plaintiff’s claims that portions of the bar exam are unconstitutional.

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Camm prosecutor reprimanded for book deal

The Indiana Supreme Court has imposed a public reprimand against a Floyd County prosecutor charged with violations of three Professional Conduct Rules after he failed to recuse himself from a case he planned to write a book about.

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Justices consider PCR waiver in death penalty case

After a public defender failed to secure a statutorily required signature on Kevin Isom’s petition for post-conviction relief, Isom, a convicted murderer who has been sentenced to death, lost confidence in his legal team. He refused to provide his signature after the error was discovered, vowing not to sign unless he was appointed new counsel.

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Indiana Supreme Court looks to a tech future in budget request

As the Indiana Legislature prepares to outline the state’s priorities when crafting the next biennial budget during the 2017 session, the Indiana Supreme Court is requesting a $3 million boost to support the future of court technology, one of the judiciary’s highest priorities.

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2016 Year in Review

From law school troubles to new court initiatives, take a look back at the top stories in Indiana Lawyer this year.

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Justices consider cellphone data in 4th Amendment case

Is the act of turning on a cellphone a voluntary agreement to share that data, or do consumers have a right to privacy of the location information collected from their personal devices? The justices of the Indiana Supreme Court heard legal arguments on both sides of that issue during oral arguments in a case on Dec. 8.

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Justices weigh cellphone data privacy rights in 4th Amendment case

When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?

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Justices deny transfer of CHINS ADA case with 3-2 vote

The Indiana Supreme Court has denied transfer of a case in which a father argued that the Department of Child Services’ failure to comply with the American with Disabilities Act when providing discretionary services should void the termination of his parental rights. However, two justices dissented from that decision, writing that DCS should always be required to comply with the ADA.

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