Partially bifurcating trial prevented prejudice
A defendant’s argument that he was prejudiced by a trial court’s decision to not fully bifurcate his murder trial failed in the Indiana Supreme Court.
Indiana Supreme Court
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Justices affirm dismissal of Logansport power plant suit
Local units of government may engage in preliminary talks or solicit prospective public-private partners before those units of government have adopted legislation enabling such agreements, the Indiana Supreme Court ruled Wednesday in a challenge to Logansport’s efforts to overhaul a coal-burning power plant.
Justices affirm rejection of tendered jury instruction
Judges have wide discretion regarding when and whether to use tendered jury instructions, the Indiana Supreme Court ruled in affirming the conviction of a criminal defendant whose proffered instructions on defense of another were rejected.
Justices to hear convictions reversed due to prosecutor’s arguments
The case of a man whose two convictions of sexual misconduct with a minor were reversed on appeal because of a prosecutor’s overzealous arguments will go to the Indiana Supreme Court.
Justices reject Spierer-obsessed man’s appeal of gun confiscation
The Indiana Supreme Court will not hear an appeal from a man whose 51 guns and ammunition were seized after authorities became alarmed by his behavior near the site where missing Indiana University student Lauren Spierer was last seen.
Attorney voting for Judicial Nominating Commission to be extended
The voting process to select a lawyer representative to the Judicial Nominating Commission by more than 7,400 eligible attorneys will be extended due to an undetermined glitch that resulted in some lawyers not receiving ballots.
2 BLE members reappointed
Indiana Chief Justice Brent Dickson has reappointed Senior Judge Barbara L. Brugnaux and Madison attorney Gary K. Kemper to the Indiana Board of Law Examiners. Their first terms as members expire Dec. 1.
Justices reverse custody modification but order status quo to continue, for now
The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.
David, Massa stake key positions on court
A review of the work of the Indiana Supreme Court in 2012 by Barnes & Thornburg LLP attorneys finds Justices Steven David and Mark Massa establishing themselves respectively as swing votes and active dissenters.
Filings continue to drop, as does funding for Indiana courts
A sharp decline in infraction and ordinance-violation cases is among factors that resulted in courts around the state collecting considerably less revenue, according to data released in the annual Judicial Service Reports.
Fewer cases being decided by juries, according to Indiana Supreme Court stats
The Indiana court system held 1,338 jury trials during 2012, continuing what court officials described as a “significant decline” across the state.
Judge facing discipline refused to take deposition oath
Marion Superior Judge Kimberly Brown refused to be sworn during a deposition before the Judicial Qualifications Commission – a videotaped moment of defiance used against her Monday at the outset of her weeklong disciplinary case.
Justices clarify sentencing order on remand
The Indiana Supreme Court granted a man’s petition for rehearing regarding his sentencing order, but again rejected his claim that concurrent sentences are required.
Car ad not deceptive, but salesperson’s statements keep fraud claim alive
Car dealers, like many businesses, often “puff up” their advertisements to make their cars more attractive to potential buyers, and this puffery can’t be the basis of deception or fraud claims, the Indiana Supreme Court ruled Tuesday. But a woman’s fraud claim against an Indianapolis car dealer will continue.
Justices take homeschooling-group expulsion case
The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.
$14.5 million defamation judgment against State Farm stands
State Farm Fire & Casualty Co. is on the hook for a $14.5 million award to a contractor on his defamation lawsuit after the Indiana Supreme Court declined to take the case last week.
‘Notre Dame 88’ lawyer cleared in discipline case
An attorney who argued that a judge’s bias warranted her recusal from a case involving pro-life students arrested for protesting the announcement of President Barack Obama’s appearance at the University of Notre Dame was cleared of disciplinary charges Tuesday.
Supreme Court vacates transfer in Star commenter case
The Indianapolis Star has signaled an intent to comply with a court order to identify an anonymous online commenter whose remarks about a former Junior Achievement leader are part of a defamation lawsuit, according to an attorney representing the former executive.
Justices take appeal over who pays DCS record fee
A litigant whose award of $1,200 against the Department of Child Services for the cost of preparing an agency record was reversed by the Court of Appeals will have his case heard by the Indiana Supreme Court.
Supreme Court weighs Evansville casino smoking exemption
An Evansville ordinance that exempts the city’s only casino from a smoking ban is being challenged in the Indiana Supreme Court by bar and private club owners who say the measure violates the state constitution’s equal protection clause. IBJ.com has the story.