Supreme Court: Fortville cannot annex land
The Indiana Supreme Court upheld a trial court’s decision Thursday that evidence did not support the town of Fortville’s contention that it needed the land it wanted to voluntarily annex in the near future.
Indiana Supreme Court
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Supreme Court defines marriage relatives
The Indiana Supreme Court determined the sister of a man who was once married to the defendant’s aunt is not a family or household member and changed a man’s Level 6 felony charge to Class A misdemeanor battery.
Justices: Murderer should be able to file belated notice of appeal
The Indiana Supreme Court ruled in a per curiam decision a man who pleaded guilty to two counts of murder among other charges can file a belated notice of appeal after the justices found “unique circumstances” in his case that did not allow him to file an appeal of his sentence when it was decided in 1987.
Justices reinstate termination order COA reversed
The Indiana Supreme Court Tuesday affirmed a trial court order terminating parental rights to twin girls who were removed from the home in 2011 at age 8. A divided Court of Appeals previously reversed the trial court, finding insufficient evidence to merit termination.
Supreme Court upholds felony dealing conviction
The Indiana Supreme Court affirmed a man's conviction for Class A felony dealing in a narcotic drug within 1,000 feet of school property and being a habitual substance offender. The decision went against the Indiana Court of Appeals, which overturned his conviction based on lack of evidence.
Justices find man did not waive his right to jury trial
The Indiana Supreme Court reversed and remanded a man’s conviction for Class D felony domestic battery after it found his silence did not constitute a waiver to right of trial by jury.
Supreme Court declines to rule on legislative emails case
The Indiana Supreme Court on Tuesday affirmed dismissal of a case where the Energy and Policy Institute requested copies of correspondences from state Rep. Eric Koch under the Indiana Access to Public Records Act. The court said while APRA can be applied to the General Assembly, the specific issue of whether Koch’s emails are exempt from disclosure in this case under the work product exemption is non-justiciable.
DNA result shielded from rape trial jury
A man convicted of rape wasn’t permitted at his trial to introduce DNA evidence collected from the victim when she sought medical attention. The DNA was from another man who also was at the party attended by several other people who testified the crime took place.
Justices: Custody petition permitted during CHINS case
The Indiana Supreme Court reversed a trial court, ruling an aunt and uncle could bring a custody action despite a child in need of services case that was pending for the child in Posey Circuit Court.
Supreme Court upholds man’s death sentence
The Indiana Supreme Court affirmed a man’s death sentence Tuesday after he pleaded guilty to brutally murdering a woman.
E-filing pleadings to be mandatory July 1
After deciding last week all appellate pleadings and motions would be available online at mycase.in.gov within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.
Justices affirm domestic violence determination
The Indiana Supreme Court sided with the trial court and overturned a Court of Appeals ruling Tuesday, finding a man’s domestic violence determination did not violate his Sixth Amendment right to trial by jury, and the evidence was sufficient to affirm his conviction.
Supreme Court: City’s no-smoking ordinance does not violate state constitution
The Indiana Supreme Court upheld the city of Indianapolis’ no-smoking ordinance in a ruling Monday, saying it does not violate the Equal Privileges and Immunities Clause of Article I, Section 23 of the Indiana Constitution.
Appellate pleadings, motions to be put online sometime in next 60 days
The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at mycase.in.gov sometime within the next 60 days
Dickson saluted after final Statehouse argument
Retiring Indiana Supreme Court Justice Brent Dickson heard his final argument at the Statehouse courtroom Thursday, where his fellow justices and those arguing and attending saluted him with a standing ovation.
Justices: Man who moved back to Indiana must register as sex offender
A man who moved back to Indiana in 2013 after he was convicted of child molesting in 1989 must still register as a sex offender, the Indiana Supreme Court ruled Tuesday. His registration does not cause an ex post facto violation nor place an additional punishment on him.
Supreme Court: City not immune from injury suit
The Indiana Supreme Court ruled a city did not meet the requirements of the Indiana Tort Claims Act, and as such does not have immunity in a suit filed by a woman who fell in a city street and broke her leg.
Supreme Court affirms second-degree murder charge, life in prison
The Indiana Supreme Court said admission of an autopsy report and testimony by a pathologist who did not complete the report was not a violation of a man’s Sixth Amendment right to cross-examination and thus affirmed the trial court’s conviction of second-degree murder.
Disciplinary Actions – 4/6/2016
Read whose license recently was revoked and who has been suspended by the Supreme Court.
Riding out the storm
The Indiana Supreme Court’s ruling for the state in a nearly six-year-old IBM suit is what the contract drafters “believed all along.”