Supreme Court takes eminent domain case to clean up confusion
Confusion from “inartful language” will put the ongoing dispute over the Clark County airport expansion before the Indiana Supreme Court.
Indiana Supreme Court
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Double jeopardy does not prohibit state from retrying defendant on lesser charge
Although a man’s conviction was overturned, the Indiana Supreme Court has ruled he can still be retried on the same charge without violating double jeopardy prohibitions because “a rational jury” would have considered more than one element of the crime.
Embattled judge responds to suspension bid: ‘can and will learn’ from mistakes
A Marion Superior judge facing a 45-count disciplinary complaint responded today to a petition for her suspension by saying, “She is resolute that she can and will learn from what has been alleged, and that she will redouble her efforts to proceed.”
Justices to take up partial consecutive sentence case
Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.
Deadline looms for Indy judge
Marion Superior Judge Kimberly Brown faces suspension resulting from 45 counts including accusations of wrongful jailings and misconduct.
Justices weigh $2.7 billion Rockport deal
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Sept. 5. Attorneys for and against the proposed plant pleaded that terms of the contract were on their side.
Volokh to argue in Brewington before justices, partake in McKinney moot court
One of the National Law Journal’s 100 Most Influential Lawyers in America will be before the Indiana Supreme Court this week to argue on behalf of a blogger convicted and sentenced for intimidating a Dearborn County judge who revoked the man’s joint custody of his children.
Justices: Judge facing suspension may respond
A Marion Superior judge facing suspension and a 45-count disciplinary complaint has until Wednesday to respond to the suspension request, the Indiana Supreme Court said in an order issued Friday.
Justices weigh contract dispute in $2.7 billion Rockport coal-to-gas plan
A controversial, politically charged power plant proposal voided by an appellate court and later waylaid by the General Assembly and Gov. Mike Pence landed before the Indiana Supreme Court Thursday.
Innovative court programs get funding support from Indiana Supreme Court
The Indiana Supreme Court has awarded more than $450,000 in court reform grants for the 2013-2014 grant cycle.
Justices grant new avenue for relief for killer claiming insanity
A man condemned for the 1997 rape and murder of an 18-year-old Franklin College student is entitled to a new avenue of post-conviction relief on his argument that he is not mentally competent to be executed, the Indiana Supreme Court ruled Tuesday.
Man tried twice for same offense, but relief denial affirmed
A divided Indiana Supreme Court ruled Wednesday that a man convicted of rape on retrial was unconstitutionally prosecuted twice for the same offense, but the court upheld denial of post-conviction relief.
Supreme Court takes closer reading of precedent in affirming post-conviction relief
A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
Justices affirm new trial in estate awarded $41,400 in hotel killing
The Indiana Supreme Court on Wednesday upheld a lower court order for a new trial in a case involving a $41,400 award made to the estate of a man who was killed at a Speedway hotel by a former employee.
State courts post job openings
The Indiana Supreme Court Division of Administration on Tuesday posted two job openings.
Expired time limit does not prevent estoppel argument, Supreme Court rules
Citing the reasoning in a dissenting opinion, the Indiana Supreme Court has ruled an injured driver can present his argument of why he should be allowed to file a lawsuit against a government entity even though the time limit has expired.
Ethanol plant emissions suit may be bound for Indiana Supreme Court
Indiana’s ethanol industry faces an uncertain regulatory environment and likely more stringent emissions standards after a recent Indiana Court of Appeals ruling. A state agency will ask the Indiana Supreme Court to hear the case, as several corn-to-fuel plant operators also are expected to do.
Massa stays in Rockport case despite calls for recusal
Indiana Supreme Court Justice Mark Massa on Aug. 14 denied a formal motion arguing that he should recuse himself from a pending case concerning a controversial power plant in Rockport. The project is backed by a longtime friend of Massa and former aide to Gov. Mitch Daniels, whose administration championed the project.
Failure to report
The arm of the Indiana Supreme Court that enforces rules governing the admission and discipline of lawyers has been in violation of one of those rules for several years.
‘The State is the State’ and they share the same fate, Supreme Court rules
The Indiana Department of Correction’s motion to obligate a convicted sex offender to continue registering was blocked by the Indiana Supreme Court on the grounds that “the State is the State.”