Justices base ruling on level of intent
The Indiana Supreme Court has determined that not enough evidence of intent existed for a judge to grant summary judgment for a bank alleging a business owner committed fraud.
Indiana Supreme Court
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Justices rule on railbanking certified question
The Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way case that involves property owners who want their land rights back for easements that once belonged to a railroad company.
Court may consider SSI in restitution order
The Indiana Supreme Court sided with the federal courts that have concluded courts may consider one’s Social Security income when determining how much a person may pay in restitution.
Supreme Court upholds refusal to give jury instruction
The Indiana Supreme Court has adopted the full opinion of the Indiana Court of Appeals, which upheld the decision by a trial court not to give a defendant’s tendered instructions on lesser-included offenses of murder.
Justices take 5 cases
The Indiana Supreme Court accepted transfer to five cases last week, including a challenge to the school voucher program.
Supreme Court rules AOL required to pay online use taxes
The Indiana Supreme Court has held that companies purchasing online promotional materials from outside the state must pay a use tax when those materials are distributed within Indiana.
Judges and prosecutors to receive 2.2 percent salary hike
Indiana Supreme Court Chief Justice Randall T. Shepard has approved a 2.2 percent pay increase for judges and prosecutors that will take effect July 1, following the governor’s similar action for executive employees at the start of the year.
Comment needed on proposed rule changes
The Indiana Supreme Court Committee on Rules of Practice and Procedure is seeking comment on several proposed rule amendments, including revisions to change of venue in civil and criminal cases and continuing legal education.
Justices rule Charlie White was eligible for office
Refusing to go against the will of Indiana voters, the state’s highest court has held that Charlie White was eligible to run for secretary of state and assume that office after being elected in 2010.
Justices rule that law allows town of Fishers to proceed with reorganization
Responding to a certifiable question from Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana, the Indiana Supreme Court held that the town of Fishers may proceed with plans to reorganize as a city whose council chooses a mayor.
Supreme Court rules Charlie White was eligible to assume office
The Indiana Supreme Court has held that Charlie White was eligible to assume the office of secretary of state after being elected to that post in the 2010 general election. The justices point out the average voter was aware of concerns surrounding White’s voter registration history and they will not, on the basis of the petition before them, “judicially disenfranchise voters who went to the polls.”
Justices reprimand former Marion County prosecutor
The Indiana Supreme Court has publicly reprimanded former Marion County Prosecutor Carl Brizzi for statements he made about a high-profile murder case, and in doing so the state’s justices have set a new standard and issued a warning for prosecutors statewide: Be careful what you say.
Indiana Court Decisions – Feb. 23-March 7, 2012
Read summaries of the latest for publication opinions from the 7th Circuit Court of Appeals and Indiana’s appeals courts.
Marion County small claims under review
A two-judge task force looking into the operation of Marion County’s small claims courts has listened to complaints from the public about inconvenience and confusion with the current system and will consider if any changes are needed.
Questionable results of drug tests
Attorney Fran Watson worries that people have been wrongfully convicted in Indiana, and findings released from a court-appointed task force show that she may be justified in having that fear.
Divided Supreme Court rules on attorney fees case
The Indiana Supreme Court has affirmed the award of attorney fees to an Indiana town, although two justices disagreed and would have reversed the trial court.
‘Vouching testimony’ not allowed in child sex abuse cases
The state’s rules of evidence don’t allow for “vouching testimony” in child sex abuse cases to help determine when a youth isn’t exaggerating, and the Indiana Supreme Court won’t carve out an exception allowing for that testimony in these types of cases.
Justices: injured cop prevented by law from rejoining force
A police officer who was injured in the 1980s and received disability benefits – but later was physically able to rejoin the police department – is statutorily prohibited against returning to the force, the Indiana Supreme Court decided in answering a certified question.
Justices accept 5 cases
The Indiana Supreme Court has taken five cases, including one challenging the constitutionality of the state’s medical malpractice cap and a case on the reasonableness of hospital fees charged.
Shepard to be focus of 2 public radio broadcasts
Indiana Chief Justice Randall T. Shepard will be on WFYI Public Radio’s “No Limits” program the week of March 5 as the show takes a look at his legacy.