Articles

David, Rush publish dissent as high court lets stand sentencing via video

Indiana’s chief justice and the most senior jurist on the Indiana Supreme Court published a sharp dissent Tuesday from a 3-2 ruling that could pave the way for defendants to be sentenced via video. Chief Justice Loretta Rush and Justice Steven David argued in the minority that defendants have a constitutional right to be physically present when a judge imposes a sentence for a crime.

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Lake Michigan public access bill advances; SCOTUS to confer on appeal

A bill that defines the shore of Lake Michigan as belonging to the public and spells out public recreational uses of the shoreline has moved to the full Indiana Senate. Meanwhile, a petition seeking to privatize Indiana’s Great Lakes beaches will be before justices of the Supreme Court of the United States this week.

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Nine named as finalists to fill Marion County bench vacancies

The Marion County Judicial Selection Committee has selected nine finalists to be considered to fill three upcoming Marion County court vacancies after interviewing 40 candidates over a three-day period. It’s the first time the committee has selected nominees to the trial court bench for the governor’s selection.

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Applications open for coming Marion Superior judge vacancies

As the Marion County Judicial Selection Committee prepares to conduct its first judicial retention interviews later this month, the committee also has begun accepting applications to fill three upcoming vacancies created by the retirement later this year of judges who will not seeking retention.

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17 Marion County judges begin new retention process, 3 opt to retire

Marion County will start its new judicial selection process next month with the interviews of 17 judges who want to stand for retention in the November 2018 elections. Three other judges — Democrats Thomas Carroll and Rebekah Pierson-Treacy and Republican Michael Keele — have decided to retire at the end of this year.

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Justices: Employer’s admission limits theories of recovery

Indiana precedent does not allow both a respondeat superior and negligent hiring claim against an employer to proceed if the employer has admitted their employee was acting within the course and scope of their employment when the negligence occurred, the Indiana Supreme Court ruled in an opinion that upheld partial summary judgment for Pizza Hut.

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Supreme Court remands child molesting case for resentencing

A man who pleaded guilty to molesting his girlfriend’s son and was sentenced to 40 years in prison will return to court for resentencing. The Indiana Supreme Court determined Friday that the trial court considered an incorrect statutory sentencing range.

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