Justices reaffirm decision after correcting factual error
The Indiana Supreme Court has reaffirmed its decision to deny relief to a man convicted of child solicitation after granting a rehearing on that decision to correct a factual error.
Indiana Supreme Court
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Justices consider ‘reasonable suspicion’ standard in gun tip case
The Indiana Supreme Court heard arguments Thursday as to whether officers acting on a tip had reasonable suspicion to question and arrest a man in a movie theater lobby for having a gun without a license.
Petition to Supreme Court seeks statewide public defender system
Advocates for reforming Indiana’s patchwork approach to public defense for indigent Hoosiers announced they have petitioned the Indiana Supreme Court for a statewide system to remedy what they describe as an unfair, unequal and underfunded system.<
Chief justice makes case for court technology, other additional funding
Indiana Supreme Court Chief Justice Loretta Rush made her case to the State Budget Committee Tuesday for additional funding in the coming fiscal years for court technology, telling committee members that the additional investment in technology now would pay off for the state down the road.
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.
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?
‘Strict compliance’ with contempt statute not required if sufficient notice is given
A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.
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.
Justices consider conversion of felony to misdemeanor after plea agreement
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
Indiana Supreme Court considers general contractor’s duty of care to subcontractors
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
Justices consider transfer in chemical breath test case
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
Justices: warrantless search OK because of ‘objectively reasonable’ concerns
The Indiana Supreme Court affirmed a man’s drug conviction Tuesday, reiterating that if an officer encounters an emergency situation, then he or she may investigate further without a warrant.
Justices rule in favor of woman alleging ‘warrantless intrusion’ by officer
Although a police officer believed that a Hamilton County woman could have been injured after being stuck under her car, the facts surrounding the situation did not lend themselves to an emergency situation that could justify the “warrantless intrusion” of stopping the woman’s car after she drove away.
High court takes alcohol wholesaler case
The Indiana Supreme Court has agreed to hear a case that could decide whether beer and wine wholesalers can also be legally permitted to sell liquor in Indiana.
Justices consider transfer of 2 cases related to traffic stops, strip searches
The justices of the Indiana Supreme Court are deciding whether to grant transfer in two cases related to the permissibility of certain police officer actions after hearing arguments on petitions to transfer Tuesday.
Justices consider relevance of immigration status in undocumented worker’s lawsuit
The Indiana Supreme Court heard arguments Tuesday on whether introducing an injured man's immigration status to a jury in his lawsuit for future wages would be prejudicial enough to outweigh its probative value.
New law creates murkiness on private university police records
The Indiana Supreme Court left no doubt that it considered the Notre Dame Police Department exempt from the Access to Public Records Act when it affirmed dismissal of ESPN’s lawsuit seeking records of the department’s interactions with 275 student athletes. But a bill signed into law this year dealing with access to police body cameras could change that.
Justices dismiss ESPN suit, find Notre Dame police not public agency
Notre Dame Police are not a public agency, the Indiana Supreme Court ruled Wednesday, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
Justices weigh whether child abuse reporter can sue DCS for breach of confidentiality
A southern Indiana church van driver who suspected children to be in need of services due to dangerous living conditions in his small community followed the law requiring him to report his suspicions. He didn’t want to provide his name, but he did so after a Department of Child Services hotline worker assured him his identity would remain confidential, as the law also requires.
Indiana lawyers now must report misdemeanor convictions
Indiana attorneys now are explicitly required to report to the Supreme Court Disciplinary Commission any misdemeanor or felony conviction under sweeping changes to Admission and Discipline Rule 23.