Friday, November 21, 2008
Ind. Courts - Supreme Court on improper use of subpoena
In In re Anonymous, a disciplinary case, the Supreme Court writes in a 4-page per curiam opinion: We approve the parties' agreement that Respondent engaged in attorney mis- conduct by improperly using subpoenas before the commencement of litigation and...Posted by Marcia Oddi on Friday, November 21, 2008
Thursday, November 13, 2008
Ind. Decisions - Two today from Supreme Court
Each of the following cases was granted transfer with opinion. In Lloyd Overton v. Marshall Grillo, D.O., et al., an 8-page, 3-2 opinion, Justice Boehm writes:We hold that a medical malpractice claim for allegedly misreading a mammogram is barred by...Posted by Marcia Oddi on Thursday, November 13, 2008
Ind. Decisions - "Molesting plea can't be altered"
Tne Indiana Supreme Court's decision yesterday in the case of Shawn E. Norris v. State of Indiana (see ILB entry here) is the subject today of a story by Niki Kelly in the Fort Wayne Journal Gazette. Some quotes:The Indiana...Posted by Marcia Oddi on Thursday, November 13, 2008
Wednesday, November 12, 2008
Ind. Decsions - Supreme Court issues two today
In Shawn E. Norris v. State of Indiana, a 9-page, 5-0 opinion, Justice Dickson writes:Four years after his guilty plea, conviction, and sentence for child molesting, the defendant sought post-conviction relief on grounds of newly discovered evidence. The post-conviction court...Posted by Marcia Oddi on Wednesday, November 12, 2008
Monday, November 10, 2008
Courts - Still more on: Confrontation clause case re admissibility of crime lab report
Updating this ILB entry from earlier this afternoon, Lyle Denniston of SCOTUSblog has posted a long analysis of the oral arguments today in Melendez-Diaz v. Massachusetts.. [More] Here is the 76-page transcript of the oral argument....Posted by Marcia Oddi on Monday, November 10, 2008
Courts - More on: Confrontation clause case re admissibility of crime lab report
As the ILB noted yesterday, the U.S. Supreme Court is hearing/heard oral arguments today at 1:00 PM in the case of Melendez-Diaz v. Massachusetts, a confrontation clause case involving whether a crime lab report is, itself, a form of testimony....Posted by Marcia Oddi on Monday, November 10, 2008
Tuesday, November 04, 2008
Ind.Courts - "Challenged absentee ballots should be set aside for later review, high court finds"
In the Indianapolis Star today, Jon Murray gives an overview of yesterday's election challenges. Some quotes:Conflicting court rulings handed down Monday gave Marion County election officials whiplash as they tried to keep up with a legal fight over how to...Posted by Marcia Oddi on Tuesday, November 04, 2008
Monday, November 03, 2008
Ind. Courts - No last word yet in Marion County early voting case?
BREAKING: The Supreme Court has granted transfer and vacated the just-issued earlier this afternoon Order of the Court of Appeals imposing the stay. "The trial court's Order granting the injunction is reinstated and remains in effect pending final resolution of...Posted by Marcia Oddi on Monday, November 03, 2008
Wednesday, October 29, 2008
Ind. Decisions - "Court upholds conviction in quadruple killing"
The Supreme Court's decision yesterday in the case of Bassett v. State (see ILB summary here) is the subject of an AP story today that begins:COLUMBUS, Ind. - The Indiana Supreme Court has upheld the convictions and life sentence for...Posted by Marcia Oddi on Wednesday, October 29, 2008
Ind. Decisions - Supreme Court decides one today
In Stephanie Bailey v. Lewis Mann, a 4-page, 5-0 opinion, Justice Boehm writes:The parties entered into a property settlement agreement awarding a jointly leased automobile to the wife. There was no express requirement in the agreement that the wife remove...Posted by Marcia Oddi on Wednesday, October 29, 2008
Tuesday, October 28, 2008
Ind. Decisions - Supreme Court decides one today
In Bassett v. State, an 18-page, 5-0 opinion, Justice Sullivan writes:Robert Bassett, Jr., appeals his four convictions for murder and sentences of life imprisonment without the possibility of parole primarily on grounds that the prosecuting attorney in this case listened...Posted by Marcia Oddi on Tuesday, October 28, 2008
Friday, October 24, 2008
Ind. Decisions - More on: Curley Plaintiffs petition for immediate consideration by Supreme Court
Updating this ILB entry from yesterday, the ILB has just received this information from a reliable source: The Indiana Supreme Court just agreed, by a vote of 3-2, to decline jurisdiction over the Republicans’ appeal. This means their only recourse...Posted by Marcia Oddi on Friday, October 24, 2008
Thursday, October 23, 2008
Ind. Courts - "E.C. developer claims feds took a pass on Second Century" [Updated]
Today the Supreme Court heard oral arguments in two different cases, City of East Chicago v. East Chicago Second Century, and Steve Carter v. East Chicago Second Century (see more info about the cases here). Patrick Guinane of the NWI...Posted by Marcia Oddi on Thursday, October 23, 2008
Ind. Decisions - Prior order granting transfer vacated in Hollars case
Updating this ILB entry from Oct. 16, the Supreme Court today has issued an Order Vacating Prior Order Granting Transfer in the case of State v. Shannon Hollars. From the Order, signed by CJ Shepard, with Dickson, Boehm, and Rucker,...Posted by Marcia Oddi on Thursday, October 23, 2008
Tuesday, October 21, 2008
Ind. Decisions - Supreme Court issues two
Two Supreme Court decisions posted today, one of them was decided yesterday. In Larry Walden V. State, a 3-2, 14-page opinion, Justice Sullivan writes:Larry Walden and his fiancée, Molly Arthur, were in an auto accident in which Walden’s truck swerved...Posted by Marcia Oddi on Tuesday, October 21, 2008
Friday, October 17, 2008
Ind. Courts - "Roommates defend settlement before Indiana Supreme Court"
Oral arguments were heard yesterday at the Indiana University School of Law-Bloomington, before the Indiana Supreme Court in the case of Stanley Klotz v. Sarah Hoyt & Chrissy Kornmann - see this ILB entry from Oct. 13th for background. Marcela...Posted by Marcia Oddi on Friday, October 17, 2008
Thursday, October 16, 2008
Ind. Decisions - Question of whether defendant should have been granted new trial argued
The case of State of Indiana v. Shannon Hollars, argued yesterday before the Supreme Court (see ILB entry here), is the subject of a story today by Sophia Voravong of the Lafayette Journal Courier, who reports:Shannon L. Hollars, 46, is...Posted by Marcia Oddi on Thursday, October 16, 2008
Wednesday, October 15, 2008
Ind. Decisions - Supreme Court decides one today
In Travelers Casualty and Surety Co. v. United States Filter Corp., et al, a 13-page, 4-0 opinion, Chief Justice Shepard writes:Five corporations seek insurance coverage from insurers who issued liability policies for their predecessors. The underlying litigation involves bodily injury...Posted by Marcia Oddi on Wednesday, October 15, 2008
Ind. Courts - Supreme Court rules in Lake County early voting dispute [Updated]
A story in the Chicago Tribune today contains this quote:The Indiana Supreme Court is expected to rule in the coming days on which judge has jurisdiction over the case.Well, the Supreme Court acted last evening, at 8:20 PM, issuing an...Posted by Marcia Oddi on Wednesday, October 15, 2008
Friday, October 10, 2008
Ind. Decisions - Supreme Court orders hundreds of pages of sealed documents in a pending case to be open and available for public inspection
Oral arguments were heard before the Supreme Court Jan. 14th in Travelers Cas. & Sur. Co. v. United States Filter Corp. - see ILB upcoming oral argument notice here. Here is the link to the ILB summary of the July...Posted by Marcia Oddi on Friday, October 10, 2008
Tuesday, October 07, 2008
Ind. Decisions - Supreme Court decides one today
In Larry W. Newton v. State, a 5-page, 4-1 decision on a direct appeal, with four separate opinions, Judge Dickson writes:In this direct appeal, defendant Larry Newton appeals the trial court’s order vacating its permission for the defendant to file...Posted by Marcia Oddi on Tuesday, October 07, 2008
Thursday, October 02, 2008
Ind. Decisions - "Courts are tending to side with faculty members who seek unemployment payments when their contracts are terminated through no fault of their own"
The Indiana Supreme Court's June 17th decision in the case of Indiana State University v. William C. LaFief and IDWD (Review Bd.) - see ILB entries here and here, is the subject of a commentary by Nicolas M. Manicone in...Posted by Marcia Oddi on Thursday, October 02, 2008
Friday, September 19, 2008
Ind. Decisions - Supreme Court issues disciplinary ruling
In In the Matter of Kimberly O. Powell, a 5-page, Per Curiam opinion, the Court writes:Respondent's misconduct includes failing to take action in cases; failing to keep clients informed about the status of their cases; failing to respond to clients'...Posted by Marcia Oddi on Friday, September 19, 2008
Wednesday, September 17, 2008
Ind. Decisions - Supreme Court issues one opinion today
In Pinnacle Properties Development Group, LLC v.City of Jeffersonville, Indiana, a 5-page, 5-0 opinion, Justice Boehm writes:The City of Jeffersonville provides sewer service under the general statute authorizing municipalities to provide this service. The City bills tenants directly for sewer...Posted by Marcia Oddi on Wednesday, September 17, 2008
Thursday, September 04, 2008
Ind. Decisions - Supreme Court issues disciplinary opinion re legal advertisements
From In the Matter of Scott A. Benkie/In the Matter of Douglas A. Crawford, a 5-page Per Curiam opinionThis matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on...Posted by Marcia Oddi on Thursday, September 04, 2008
Wednesday, September 03, 2008
Ind. Decisions - Supreme Court issues opinion on double jeopardy issue
In Roderick Lee v. State of Indiana, an 8-page, 5-0 opinion, Justice Beohm writes:Multiple convictions do not violate Indiana’s Double Jeopardy Clause if they logically could have been based on the same facts, but in light of the evidence, the...Posted by Marcia Oddi on Wednesday, September 03, 2008
Wednesday, August 27, 2008
Ind. Decisions - Supreme Court issues two today
In Brian Woods v. State of Indiana, a 7-page opinion, Justice Rucker writes:To reverse a trial court’s decision to exclude evidence, there must have been error by the court that affected the defendant’s substantial rights and the defendant must have...Posted by Marcia Oddi on Wednesday, August 27, 2008
Tuesday, August 19, 2008
Ind. Decisions - Even more on "Supreme Court hears arguments in Jeff Pelley case" [Updated]
Updating this ILB entry on the oral arguments held last Thursday, Aug. 14th, in the case of Robert Jeffrey Pelley v.State, the South Bend Tribune is now reporting at 1:25 pm that transfer has been granted. [Updated at 4:30 pm]...Posted by Marcia Oddi on Tuesday, August 19, 2008
Ind. Decisions - Supreme Court decides one today
In Marla K. Young v. Timothy S. Young, an 8-page, 5-0 opinion, Chief Justice Shepard writes:This appeal raises several important issues about child support. First, in a claim for Parenting Time Credit under the Child Support Guidelines, the word “overnight”...Posted by Marcia Oddi on Tuesday, August 19, 2008
Saturday, August 16, 2008
Ind. Decisions - Still more on "Supreme Court hears arguments in Jeff Pelley case"
Updating this ILB entry from August 15, about the oral arguments Thursday in the case of Robert Jeffrey Pelley v.State, here is the first useful summary the ILB has seen, an AP story carried by the LCJ. Some quotes:Pelley was...Posted by Marcia Oddi on Saturday, August 16, 2008
Ind. Decisions - More on "Court Agrees to Review Attorney General’s Lawsuit Against Second Century, Inc. "
Updating this ILB entry from yesterday, stories today in both region papers. Any Grimm of the Gary Post Tribune has this story, which begins:The Indiana Supreme Court has given Attorney General Steve Carter another chance for a look at the...Posted by Marcia Oddi on Saturday, August 16, 2008
Friday, August 15, 2008
Ind. Decisions - More on "Supreme Court hears arguments in Jeff Pelley case"
Updating yesterday's ILB entry about oral arguments to be held that morning in the case of Robert Jeffrey Pelley v.State, today's web stories contain several brief descriptions of the arguments. Recall that on April 8th, the Court of Appeals set...Posted by Marcia Oddi on Friday, August 15, 2008
Ind. Decisions - "High court ponders semantics of plea deal in Steuben sex crime"
The oral argument Thursday (see earlier ILB entry here) before the Supreme Court in the case of Bruce Wayne St. Clair, Jr. v. State is the subject of a story today by Niki Kelly in the Fort Wayne Journal Gazette:Indiana’s...Posted by Marcia Oddi on Friday, August 15, 2008
Thursday, August 14, 2008
Ind. Decisions - "Supreme Court hears arguments in Jeff Pelley case"
The Supreme Court heard oral arguments this morning in the case of Robert Jeffrey Pelley v.State, over whether or not to grant transfer. See the oral argument here. On April 8th, the Court of Appeals set aside the conviction, under...Posted by Marcia Oddi on Thursday, August 14, 2008
Monday, August 04, 2008
Ind. Decisions - "Lawyers and Employers Take The Fight to 'Workplace Bullies'"
Indiana's "workplace bullying" case, Daniel H. Raess, M.D. v. Joseph E. Doescher (ILB summary here), about which the ILB has had many entries, is the subject of a column by Cari Tuna today in the WSJ's Career Journal that begins:A...Posted by Marcia Oddi on Monday, August 04, 2008
Tuesday, July 01, 2008
Ind. Decisions - Supreme Court issues one today
In Anthony A. Hopkins v. State of Indiana, a 4-page, 5-0 opinion, Chief Justice Shepard writes:Almost a decade ago, appellant Anthony Hopkins stood trial by jury, and the jury found him guilty of two counts of attempted murder and other...Posted by Marcia Oddi on Tuesday, July 01, 2008
Ind. Decisions - "Ex-trustee absolved in Steuben sex assault"
The Supreme Court's opinion in Debra A. Barnett v. Camille Clark, Trustee of Pleasant Township, decided last Friday (see ILB entry here), is the subject today of a story by Niki Kelly in the Fort Wayne Journal Gazette. Some quotes:...Posted by Marcia Oddi on Tuesday, July 01, 2008
Monday, June 30, 2008
Ind. Decisions - The Supreme Court has now posted two (now three) more this afternoon
Willie Eaton v. State of Indiana is an 11-page, 4-1 opinion, with a 4-page dissent. Justice Dickson writes:In this direct appeal, the defendant challenges his convictions for Dealing in Cocaine, a class A felony, and Possession of Marijuana, a class...Posted by Marcia Oddi on Monday, June 30, 2008
Ind. Decisions - Supreme Court posts one this afternoon
In Phillip Miles v. State of Indiana, a 3-page Per Curiam opinion, the Court concludes:We grant transfer because Miles is not precluded from seeking appellate sentence review under the circumstances. In Childress v. State, 848 N.E.2d 1073 (Ind. 2006), we...Posted by Marcia Oddi on Monday, June 30, 2008
Ind. Decisions - More on "Physical discipline of child not abuse"
Updating this June 12th ILB entry on the Supreme Court's 4-1 decision June 10th in the case of Sophia Willis v. State of Indiana (see ILB entry here, 2nd case), the South Bend Tribune today carries an editorial by the...Posted by Marcia Oddi on Monday, June 30, 2008
Friday, June 27, 2008
Ind. Decisions - Another Supreme Court opinion posted today
Debra A. Barnett v. Camille Clark, Trustee of Pleasant Township, a 6-page, 5-0 opinion by Justice Dickson in a case argued May 22, 2008 - "The deputy trustee's injurious acts did not fall within the scope of his employment for...Posted by Marcia Oddi on Friday, June 27, 2008
Ind. Decisions - Supreme Court issues three opinions today re trash searches
In George Membres, III v. State of Indiana, a 23-page, 3-2 opinion in a case argued 4/17/07, Justice Boehm writes:We hold that Litchfield v. State, 824 N.E.2d 356 (Ind. 2005), does not apply retroactively because it established a new rule...Posted by Marcia Oddi on Friday, June 27, 2008
Thursday, June 26, 2008
Ind. Decisions - Supreme Court issues a mini-slew of new opinions late today
In addition to the opinion in Jeter (here), issued earlier, the Supreme Court has now posted five additional opinions. In Nicole L. Huss v. David M. Huss, a 14-page, 5-0 opinion in a case argued 1/31/08, Justice Dickson writes:In seeking...Posted by Marcia Oddi on Thursday, June 26, 2008
Ind. Decisions - Supreme Court decides one today
In Darryl Jeter v. State, a 12-page, 5-0 opinion in a case argued 12/13/07, Justice Rucker writes:A jury found Darryl Jeter guilty of murder in the shooting death of Indiana State Trooper Scott Patrick. He was also found guilty of...Posted by Marcia Oddi on Thursday, June 26, 2008
Tuesday, June 24, 2008
Ind. Decisions - Supreme Court issues a third opinion late this afternoon
In Anthony N. Stewart v. Signe L. (Stewart) Vulliet, a 12-page, 5-0 opinion (J. Sullivan concurring in result), in a case argued 11/8/07, Cheif Justice Shepard writes:An expectant mother filed divorce and custody proceedings in Indiana and thereafter moved to...Posted by Marcia Oddi on Tuesday, June 24, 2008
Ind. Decisions - Supreme Court issues two today
In Kirk Reuille v. E.E. Brandenberger Construction, Inc., a 5-page, 5-0 opinion, in a case argued 4/24/08, Chief Justice Shepard writes, in affirming the judgment of the trial court:The parties in this case entered into a construction contract providing that...Posted by Marcia Oddi on Tuesday, June 24, 2008
Monday, June 23, 2008
Ind. Decisions - "Legal Win for Indiana Faculty Who Aren’t Renewed"
The Indiana Supreme Court's June 17th decision in the case of Indiana State University v. William C. LaFief and IDWD (Review Bd.) - see ILB entry here - is the subject of a comprehensive story dated June 23 in Inside...Posted by Marcia Oddi on Monday, June 23, 2008
Saturday, June 21, 2008
Ind. Courts - Supreme Court issues emergency order re handling of forfeiture cases in Muncie
The ILB has two entries in late May under the heading "McShurley vs. McKinney feud lands in Indiana Supreme Court," quoting from stories in the Muncie StarPress. A quote from the May 28th StarPress story:McShurley, a Republican, last week filed...Posted by Marcia Oddi on Saturday, June 21, 2008
Thursday, June 19, 2008
Ind. Decisions - Supreme Court issues environmental ruling late this afternoon
In Pflanz v. Foster, a 7-page, 5-0 opinion, in a case argued Dec. 6, 2007, Chief Justice Shepard writes:The question here is whether a property owner’s claim for contribution toward environmental cleanup costs is barred by the statute of limitation...Posted by Marcia Oddi on Thursday, June 19, 2008
Ind. Decisions - More on SCOTUS decides Indiana v. Edwards
More on the opinion this morning by the U.S. Supreme Court reversing the Supreme Court of Indiana: Joan Biskupic of USA TODAY, writing under the headline "Mentally ill defendants can be forced to use lawyers," reports in a story that...Posted by Marcia Oddi on Thursday, June 19, 2008
Ind. Decisions - SCOTUS decides Indiana v. Edwards
Indiana v. Edwards (07-208) - Argued 3/26/2008. Whether States may adopt a higher standard for measuring competency to represent oneself at trial than for measuring competency to stand trial. [See ILB entry from March 26th here.] According to SCOTUSBlog:...Posted by Marcia Oddi on Thursday, June 19, 2008
Tuesday, June 17, 2008
Ind. Decisions - Supreme Court posts employment decision late this afternoon
In Indiana State University v. William C. LaFief and IDWD (Review Bd.), a 6-page, 3-2 opinion, argued Feb. 22, 2008, Chief Justice Shepard writes:The issue is whether a university professor who agreed to a fixed-term employment contract was entitled to...Posted by Marcia Oddi on Tuesday, June 17, 2008
Ind. Courts - "Court hears political robo-call case"
Oral arguments were heard yesterday by the Supreme Court in the "robo-call" case, State of Indiana v. American Family Voices, Inc. et al. (Here is a long list of earlier ILB entries.) Meagan Ingerson of the Indianapolis Star has this...Posted by Marcia Oddi on Tuesday, June 17, 2008
Saturday, June 14, 2008
Ind. Decisions - More on: Supreme Court issues 3 year suspension
The Supreme Court's ruling In the Matter of Douglas W. Patterson (see ILB summary from Friday) is the subject of a story today in the Evansville Courier & Press, reported by Kate Braser. The story begins:An Evansville attorney has been...Posted by Marcia Oddi on Saturday, June 14, 2008
Friday, June 13, 2008
Ind. Decisions - Supreme Court issues 3 year suspension
In the Matter of Douglas W. Patterson is a 6-page, 5-0 per curiam opinion:This matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary...Posted by Marcia Oddi on Friday, June 13, 2008
Ind. Decisions - "Local traffic stop in justices' laps"
The Supreme Court heard oral arguments yesterday in the case of State v. Raymond Washington (see ILB preview here), and the hearing is reported today in the Fort Wayne Journal Gazette by Niki Kelly. Some quotes:Raymond Washington Jr. and a...Posted by Marcia Oddi on Friday, June 13, 2008
Ind. Decisions - More on "Physical discipline of child not abuse"
Updating this ILB entry from Thursday on the Supreme Court's 4-1 decision Tuesday in the case of Sophia Willis v. State of Indiana (see ILB entry from Tuesday here, 2nd case), is the subject of a story today in the...Posted by Marcia Oddi on Friday, June 13, 2008
Thursday, June 12, 2008
Ind. Decisions - "Physical discipline of child not abuse"
The Supreme Court's 4-1 decision Tuesday in the case of Sophia Willis v. State of Indiana (see ILB entry from Tuesday here, 2nd case), is the subject of this story today by Jeff Parrott of the South Bend Tribune. Some...Posted by Marcia Oddi on Thursday, June 12, 2008
Tuesday, June 10, 2008
Ind. Decisions - Supreme Court posts two late Tuesday
In Emma McPeek et al v. Charles McCardle, an 8-page, 5-0 opinion in an appeal argued Nov. 1, 2007, Justice Rucker writes:The question raised in this opinion is whether a marriage solemnized in another state in violation of that state’s...Posted by Marcia Oddi on Tuesday, June 10, 2008
Sunday, June 08, 2008
Ind. Decisions - Still more on suspended Bloomington attorney
Updating this entry from yesterday, a reader has sent along this story from Saturday's Bloomington Herald-Times ($$$), reported by Sarah Morin:Attorney Elizabeth Cure, a candidate for judge in the fall election, distanced herself from her former law partner, David Colman,...Posted by Marcia Oddi on Sunday, June 08, 2008
Saturday, June 07, 2008
Ind. Decisions - more on suspended Bloomington attorney
A story today in the Indianapolis Star by Will Higgins, headed "Frugal yardman’s gift to IU garden: $650K," contains a section that rang a bell with the ILB:The worst was yet to come. After his fall, unable to return to...Posted by Marcia Oddi on Saturday, June 07, 2008
Wednesday, June 04, 2008
Ind. Decisions - Yet another decision today from the Supreme Court
In Adkins v. State, a 6-page, 5-0 opinion, Justice Sullivan writes:Henry Adkins was convicted of pointing a firearm as a Class D felony. He contends that the jury was incorrectly instructed that he, rather than the State, had the burden...Posted by Marcia Oddi on Wednesday, June 04, 2008
Ind. Decisions - Supreme Court issues a decision today on a direct appeal
In Wayne Jewell v. State of Indiana, a 4-page, 5-0 opinion, Justice Dickson writes:In this direct appeal, the defendant has challenged his three convictions by asserting six appellate claims as fundamental error. The Court of Appeals sua sponte recharacterized three...Posted by Marcia Oddi on Wednesday, June 04, 2008
Ind. Decisions - Supreme Court rules in trampoline case
In Beth Kopczynski v. David Barger, an 8-page, 5-0 opinion, in a case argued Dec. 6, 2007, Justice Boehm writes:This case presents two issues of first impression. We hold that under some circumstances a minor’s invitation to enter the premises...Posted by Marcia Oddi on Wednesday, June 04, 2008
Friday, May 30, 2008
Ind. Decisions - "Ind. high court considers jury selection in Ward appeal"
Yesterday's oral arguments before the Supreme Court in the direct appeal case of Roy Lee Ward v. State are the subject of a story today in the Evansville Courier & Press reported by Bryan Corbin. Some quotes:Stacy Payne's name barely...Posted by Marcia Oddi on Friday, May 30, 2008
Saturday, May 24, 2008
Ind. Decisions - More on: Supreme Court bars Geoffrey N. Fieger from temporary admission
Updating this ILB entry from yesterday, the South Bend Tribune has an AP story today that begins:The Indiana Supreme Court banned a high-profile Michigan attorney from seeking temporary admission to the Indiana bar for two years Friday because of professional...Posted by Marcia Oddi on Saturday, May 24, 2008
Friday, May 23, 2008
Ind. Decisions - Another Supreme Court decision today
Troy Monroe v. State of Indiana - Transfer was granted, with opinion by Justice Rucker, today in this sentencing case....Posted by Marcia Oddi on Friday, May 23, 2008
Ind. Decisions - Supreme Court bars Geoffrey N. Fieger from temporary admission
In the Matter of Geoffrey N. Fieger is an 8-page per curiam opinion:This matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court Disciplinary Commission's "Verified...Posted by Marcia Oddi on Friday, May 23, 2008
Ind. Decisions - "Liability in office battery argued" before Supreme Court
Niki Kelly reports today on yesterday's oral arguments before the Supreme Court in the case of Debra Barnett v. Camille Clark - see ILB entries from earlier this week here and here. Some quotes:The Indiana Supreme Court heard arguments Thursday...Posted by Marcia Oddi on Friday, May 23, 2008
Thursday, May 22, 2008
Ind. Decisions - Supreme Court issues two late this afternoon
In Rosalio Pedraza v. State of Indiana, a 7-page, 5-0 opinion, Chief Justice Shepard writes:Appellant Rosalio Pedraza contends that the trial court improperly used the same prior conviction both as an element of one of his present offenses and as...Posted by Marcia Oddi on Thursday, May 22, 2008
Ind. Courts - "Supreme Court hears appeal of ex-trooper's murder convictions"
Two stories now have been posted on this morning's oral arguments in the David Camm murder appeal. Bryan Corbin of the Evansville Courier & Press wrote this report -- some quotes:Lawyers this morning have finished making their arguments to the...Posted by Marcia Oddi on Thursday, May 22, 2008
Ind. Decisions - More on: Supreme Court holds that a defendant may waive the right to appellate review of his sentence as part of a written plea agreement
Yesterday's Supreme Court decision in the case of Timothy Ray Creech v. State of Indiana is the subject of a story today in the Fort Wayne Journal Gazette, reported by Niki Kelly:The Indiana Supreme Court ruled Wednesday that a Huntington...Posted by Marcia Oddi on Thursday, May 22, 2008
Wednesday, May 21, 2008
Ind. Decisions - Supreme Court holds that a defendant may waive the right to appellate review of his sentence as part of a written plea agreement
In Timothy Ray Creech v. State of Indiana, a 7-page, 5-0 opinion, Chief Justice Shepard writes:The question here is whether a criminal defendant can, as part of a plea agreement, waive his right to appeal a discretionary sentencing decision. We...Posted by Marcia Oddi on Wednesday, May 21, 2008
Sunday, May 18, 2008
Ind. Decisions - "Ind. Supreme Court tosses conviction in Gary shooting"
The Supreme Court reversal May 13th in the case of Andrew Lee Watts v. State of Indiana (see ILB summary here - 2nd case) was the subject of a story Thursday by Patrick Guinane of the NWI Times. Some quotes:A...Posted by Marcia Oddi on Sunday, May 18, 2008
Ind. Decisions - Supreme Court hears arguments on retroactive broadening of sex offender-registry requirements
As noted at that end of this ILB entry from May 15th:The Indiana Supreme Court heard oral arguments at 9:45 am today [Thursday] in two challenges to the registration requirement of the sex offender law. See the writeup from Monday's...Posted by Marcia Oddi on Sunday, May 18, 2008
Thursday, May 15, 2008
Ind. Decisions - Supreme Court issues three more opinions today
In Villas West II of Willowridge Homeowners Association, Inc. v. Edna McGlothin, a 15-page, 3-2 opinion, Chief Justice Shepard writes:A homeowner whose deed contained various covenants applicable to her subdivision rented out her residence, notwithstanding a covenant not to do...Posted by Marcia Oddi on Thursday, May 15, 2008
Ind. Decisions - Supreme Court decides two today
In Speedway SuperAmerica, LLC v. Gerald and Madeline Holmes, a 13-page, 5-0 opinion, Justice Boehm writes:In this case the prevailing party at trial discovered potentially highly relevant and favor-able evidence ten days before trial but did not communicate the discovery...Posted by Marcia Oddi on Thursday, May 15, 2008
Ind. Decisions - Supreme Court suspends Bloomington lawyer
Charles Wilson of the AP reports today on Tuesday's Supreme Court decision in In the Matter of David J. Colman - see Tuesday's ILB entry here. Some quotes:An attorney was suspended from practicing law for three years for, among other...Posted by Marcia Oddi on Thursday, May 15, 2008
Wednesday, May 14, 2008
Ind. Decisions - Supreme Court justices differ on sanctions in attorney disciplinary case
In the Matter of David J. Colman is an 11-page, 3-2 (as to sanctions) Per Curiam opinion. The court writes:This matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence...Posted by Marcia Oddi on Wednesday, May 14, 2008
Ind. Decisions - "Justices overturn girl's MySpace conviction"
Charles Wilson of the AP reports today on the Supreme Court decision yesterday in the case of A.B. v.State of Indiana (see May 13th ILB entry here - 4th case). Some quotes:The Indiana Supreme Court overruled a judge who placed...Posted by Marcia Oddi on Wednesday, May 14, 2008
Tuesday, May 13, 2008
Ind. Decisions - Supreme Court issues four opinions late this afternoon, including the "MySpace case"
In Querrey & Harrow, LTD, et al v. Transcontinental Insurance Co., a 5-page, 4-1 opinion, Justice Dickson writes:Addressing an issue of first impression in Indiana, the Court of Appeals holds that an excess insurer may not bring an action for...Posted by Marcia Oddi on Tuesday, May 13, 2008
Thursday, May 08, 2008
Ind. Decisions - "Employers Can't Ignore Workplace Bullies"
Indiana's April 8th Supreme Court decision in the case Daniel H. Raess, M.D. v. Joseph E. Doescher (see list of ILB "workplace bullying" entries here) is the focus of a May 7th "Smart Answers" column by Karen E. Klein in...Posted by Marcia Oddi on Thursday, May 08, 2008
Tuesday, May 06, 2008
Ind. Decisions - "Court won't hear adult plaza case"
As the ILB noted last Friday, May 2nd:Notable transfer denials include Plaza Group Properties, LLC, et al. v. Spencer County Plan Commission, et al.. For background, see this ILB entry from Dec. 14, 2007. Bryan Corbin of the Evansville Courier...Posted by Marcia Oddi on Tuesday, May 06, 2008
Wednesday, April 30, 2008
Ind. Decisions - Supreme Court declares search illegal in decision today
In Sergio Campos v. State of Indiana, a 13-page, 5-0 opinion, Justice Boehm writes:This case involves a traffic stop resulting in a vehicle search that uncovered cocaine. We hold that there was no probable cause to conduct the search, so...Posted by Marcia Oddi on Wednesday, April 30, 2008
Tuesday, April 29, 2008
Ind. Decisions - Supreme Court rules re duty of broker
In Tonda Beth Nichols v. Rex David Minnick & R. David Minnick, Inc., d/b/a Commercial Properties, an 8-page, 5-0 decision, Justice Boehm writes:We hold that a broker who breaches his fiduciary duty to disclose material information to his client loses...Posted by Marcia Oddi on Tuesday, April 29, 2008
Monday, April 21, 2008
Ind. Decisions - More on: Supreme Court holds Three Strikes Law unconstitutional
Writing about the Supreme Court decisions April 8th on the "three-strike" law (see ILB entry here), the Indianapolis Star's Jon Murray has a lengthy and comprehensive report today on the ramifications. Some quotes:Locked away for setting an apartment fire, Eric...Posted by Marcia Oddi on Monday, April 21, 2008
Wednesday, April 09, 2008
Ind. Decisions - Supreme Court holds Three Strikes Law unconstitutional
In Eric D. Smith v. Indiana Dept. of Correction, et al, a 15-page, 3-2 opinion, Justice Boehm writes:In 2004, Indiana enacted a “Three Strikes Law” providing that an inmate “may not file a complaint” if the inmate has filed three...Posted by Marcia Oddi on Wednesday, April 09, 2008
Ind. Decisions - "Jury award upheld against doctor in bullying case"
Yesterday's Supreme Court decision in the case of Daniel H. Raess, M.D. v. Joseph E. Doescher (ILB summary here) is the subject of a story today in the Indianapolis Star by Jeff Swiatek. Some quotes:The Indiana Supreme Court on Tuesday...Posted by Marcia Oddi on Wednesday, April 09, 2008
Tuesday, April 08, 2008
Ind. Decisions - Supreme Court issues one today, upholding $325,000 jury verdict in "workplace bullying" case
In Daniel H. Raess, M.D. v. Joseph E. Doescher, a 16-page, 4-1 opinion, argued Oct. 10, 2007, Justice Dickson writes:This is an appeal by defendant Daniel Raess, M.D., a cardiovascular surgeon, challenging a $325,000 jury verdict and judgment on a...Posted by Marcia Oddi on Tuesday, April 08, 2008
Friday, April 04, 2008
Ind. Decisions - "Carmel can regulate mines"
The City of Carmel, Indiana v. Martin Marietta Materials, Inc., issued late yesterday afternoon by the Supreme Court (see ILB summary here), is the subject of a story today by the Indianapolis Star's Francesca Jarosz. A quote:The decision in Carmel's...Posted by Marcia Oddi on Friday, April 04, 2008
Thursday, April 03, 2008
Ind. Decisions - Supreme Court decides Carmel gravel mining case
In The City of Carmel, Indiana v. Martin Marietta Materials, Inc., a 13-page, 5-0 opinion, Justice Sullivan writes:The City of Carmel enacted an ordinance regulating mining within the City. The trial court prohibited enforcement of the ordinance based on the...Posted by Marcia Oddi on Thursday, April 03, 2008
Wednesday, April 02, 2008
Ind. Decisions - "Ex-professor loses appeal over lawsuit"
The Supreme Court's decision yesterday in the case of Virginia Hartman and Suzanne Swinehart v. Dr. Gabe Keri (ILB entry here - 2nd case) is the subject of a story today in the Fort Wayne Journal Gazette. Niki Kelly reports:The...Posted by Marcia Oddi on Wednesday, April 02, 2008
Tuesday, April 01, 2008
Ind. Decisions - "High Court Upholds Life Sentence In Child's Torture, Murder" [Updated]
Channel 6 News, Indianapolis, reports this afternoon on the Supreme Court's decision earlier today in the case of Michelle Gauvin v. State, summarized here in the ILB. [Updated 4/2/08] "Court upholds sentence: Stepmother will serve life term for Aiyana's death"...Posted by Marcia Oddi on Tuesday, April 01, 2008
Ind. Decisions - Supreme Court issues a third opinion today
In Theron W. Hunter v. State, a 7-page, 4-1 opinion, in a case argued Nov. 15, 2007, Justice Dickson writes:The determinative issue in this case is whether there was sufficient evidence to support the revocation of the defendant's probation for...Posted by Marcia Oddi on Tuesday, April 01, 2008
Ind. Decisions - Supreme Court decides two today
In Michelle Gauvin v. State of Indiana, an 11-page, 4-1 opinion, in a case argued Nov. 14, 2007, Chief Justice Shepard writes:Appellant Michelle Gauvin pled guilty to the confinement, neglect, and murder of her four-year-old stepdaughter. The trial court imposed...Posted by Marcia Oddi on Tuesday, April 01, 2008
Ind. Decisions - More on "McManus returns to death row: State reverses ruling"
The ILB has a long list of entries on Paul M. McManus. The most recent quoted from this June 28, 2007 story by Bryan Corbin of the Evansville Courier & Press that began:An Evansville man convicted of killing his wife...Posted by Marcia Oddi on Tuesday, April 01, 2008
Sunday, March 30, 2008
Ind. Decisions - "A madman had his day in court yesterday"
That is the lede to this comment on The Atlantic site about the oral arguments before the SCOTUS March 26th in the case of Indiana v. Edwards/Ahmad Edwards v. State - for background see this ILB entry. The Atlantic's commentary...Posted by Marcia Oddi on Sunday, March 30, 2008
Thursday, March 27, 2008
Ind. Courts - Still more on: David Camm appeal brief filed with the Supreme Court
Updating this ILB entry from Feb. 13th reporting that both the appeal brief and the response had been filed with the Supreme Court, a brief item this evening from Louisville WAVE 3 News reports:WAVE 3 News has learned there are...Posted by Marcia Oddi on Thursday, March 27, 2008
Ind. Decisions - Supreme Court rules on restitution and ability to pay
In Jeffrey Pearson v. State of Indiana, a 6-page, 5-0 opinion, Justice Rucker writes:When a trial court orders restitution either as a condition of probation or as a condition of a suspended sentence, it is required to inquire into the...Posted by Marcia Oddi on Thursday, March 27, 2008
Ind. Decisions - Even more on: SCOTUS to hear second Indiana case
This ILB entry yesterday gave some early reaction to oral arguments heard yesterday by the SCOTUS in the Indiana case of Ahmad Edwards v. State. There are many stories today, including: "Court hears Ind. self-representation case," reported by Maureen Groppe,...Posted by Marcia Oddi on Thursday, March 27, 2008
Wednesday, March 26, 2008
Ind. Decisions - Still more on: SCOTUS to hear second Indiana case
The SCOTUS heard oral arguments this morning in the Indiana case of Ahmad Edwards v. State. (For background, start with this ILB entry from March 22nd.) Read Joan Biskupic's USA TODAY coverage here. The lengthy story begins:WASHINGTON — Indiana Solicitor...Posted by Marcia Oddi on Wednesday, March 26, 2008
Ind. Decisions - Supreme Court holds "that the exception recognized in footnote 4 of Cavinder Elevators, Inc. v. Hall, applies to permit the defendants to raise that issue on appeal"
In Homeq Servicing Corp. v. Bradley and Constance Baker, a 6-page, 5-0 opinion, Justice Dickson writes:In this appeal, we address two issues. First, we hold that cross-error is available to appeal issues presented in a motion to correct error that...Posted by Marcia Oddi on Wednesday, March 26, 2008
Saturday, March 22, 2008
Ind. Decisions - More on: SCOTUS to hear second Indiana case
Updating this lengthy ILB entry from Jan. 24th, the Indiana Supreme Court decision in the case of Ahmad Edwards v. State will be heard before the SCOTUS on Wed., March 26th. Maureen Groppe, Gannett News Service, has a comprehansive USA...Posted by Marcia Oddi on Saturday, March 22, 2008
Tuesday, March 11, 2008
Ind. Decisions - Supreme Court decides one today
In Central Indiana Podiatry, P.C. [CIP] v. Kenneth Krueger, Meridian Health Group, P.C., a 14-page, 3-2 opinion, Justice Boehm writes:We hold that noncompetition agreements between a physician and a medical practice group are not per se void as against public...Posted by Marcia Oddi on Tuesday, March 11, 2008
Thursday, March 06, 2008
Ind. Decisions - More on: Court has denied transfer in Home Place annexation case
Updating yesterday's entry, a story by Francesca Jarosz of the Indianapolis Star reports:Lawyers for Home Place residents say the Indiana Supreme Court's denying to review their fight against annexation by Carmel mean the city has won half the battle. The...Posted by Marcia Oddi on Thursday, March 06, 2008
Tuesday, March 04, 2008
Ind. Decisions - Order vacating prior order granting transfer
Per this Feb. 25th ILB entry (3rd item), last week, on Feb. 27th, the Supreme Court held oral arguments in the case of Darrell Maymon v. State of Indiana. One may listen to the oral arguments here. Today the Court...Posted by Marcia Oddi on Tuesday, March 04, 2008
Thursday, February 28, 2008
Ind. Decisions - Supreme Court issues awaited insurance decisions
In State Farm Mutual Automobile Ins. Co. v. Patricia Jakupko, et al, a 14-page, 5-0 opinion, Justice Sullivan writes:Richard Jakupko suffered severe injuries and his wife and children emotional distress in an automobile accident caused by an underinsured motorist. Their...Posted by Marcia Oddi on Thursday, February 28, 2008
Ind. Decisions - Still more on: Court of Appeals rules on closing of Fort Wayne Disabilities Center
Updating yesterday's ILB entry, Niki Kelly of the Fort Wayne Journal Gazette reports today:The Indiana Supreme Court this week dismissed as moot an appeal by the Family and Social Services Administration related to the closing of the Fort Wayne State...Posted by Marcia Oddi on Thursday, February 28, 2008
Wednesday, February 27, 2008
Ind. Decisions - Two more Supreme Court opinions today
In Linda Keesling, Harold Lephart, et al v. Frederick Beegle, III, John Bucholtz, et al, an 11-page, 3-2 opinion, Justice Sullivan writes:Both Congress and the Indiana General Assembly have passed statutes called “RICO Acts” to combat “racketeer influenced and corrupt...Posted by Marcia Oddi on Wednesday, February 27, 2008
Ind. Decisions - Supreme Court decides one today
In Henley v. State of Indiana, a 19-page, 5-0 opinion, Justice Rucker writes:When a trial court summarily denies a pro se defendant’s request that standby counsel deliver closing argument, the denial is not per se reversible error. Rather, the inquiry...Posted by Marcia Oddi on Wednesday, February 27, 2008
Ind. Decisions - More on: Court of Appeals rules on closing of Fort Wayne Disabilities Center; finds associational standing [Updated]
The ILB has received notice that the Supreme Court acted yesterday on the July 16, 2007 Court of Appeals decision in Anita Stuller, et al v. Mitchell Daniels, Jr., et al . The brief notation reads: "Transfer grant and dismissed...Posted by Marcia Oddi on Wednesday, February 27, 2008
Thursday, February 21, 2008
Ind. Decisions - Supreme Court decides three today
In State of Indiana v. Universal Outdoor Inc., a 5-page, 5-0 opinion, Justice Dickson writes:In this eminent domain proceeding initiated by the State of Indiana against Universal Outdoor, Inc., owner of a billboard leasehold interest, the trial court entered...Posted by Marcia Oddi on Thursday, February 21, 2008
Saturday, February 16, 2008
Ind. Decisions - Yet more on: All is not over in the Clerk County probation fees dispute
This ILB entry from 1/9/08 reported that, now that the motion to reconsider had been denied, both the Council and the judges hoped that the dispute could be quickly settled. Today Ben Zion Hershberg of the LCJ reports, under the...Posted by Marcia Oddi on Saturday, February 16, 2008
Wednesday, February 06, 2008
Ind. Decisions - Supreme Court issues attorney discipline action
In the Matter of Richard M. Bash is a 6-page, Per Curiam, attorney discipline action:This matter is before the Court on the report of the hearing officer appointed by this Court to hear evidence on the Indiana Supreme Court...Posted by Marcia Oddi on Wednesday, February 06, 2008
Tuesday, February 05, 2008
Ind. Decisions - Supreme Court decides case involving UCC 405
In Auto-Owners Insurance Company v. Bank One, a 12-page, 3-2 opinion, Justice Sullivan writes:Kenneth B. Wulf stole more than $500,000 from his employer, Auto-Owners Insurance Company, by depositing checks payable to Auto-Owners into a personal account he opened at Bank...Posted by Marcia Oddi on Tuesday, February 05, 2008
Tuesday, January 29, 2008
Ind. Decisions - Supreme Court decides case on statute of limitations for negligence claims against an insurance agent
In Idan (John) Filip and Valaria Filip v. Carrie Block and 1st Choice Insurance Agency, a 13-page, 4-1 opinion, Justice Boehm writes:Indiana Trial Rule 56(C) requires parties to designate the evidence in support of or opposition to a motion for...Posted by Marcia Oddi on Tuesday, January 29, 2008
Friday, January 25, 2008
Ind. Decisions - Supreme Court won't review Atkins guardianship case
Last Friday, Jan. 18th, the ILB reported that the Supreme Court had denied transfer in the case of Guardianship of Patrick Atkins, Brett Conrad v. Thomas and Jeanne Atkins. Today the Indiananpolis Star has this brief item:The Indiana Supreme Court...Posted by Marcia Oddi on Friday, January 25, 2008
Thursday, January 24, 2008
Ind. Decisions - SCOTUS to hear second Indiana case
A very brief story today in the Indianapolis Star reports:The U.S. Supreme Court has set a date to hear arguments in the Indianapolis case of a man who wants to be his own lawyer. The justices will hear Ahmad Edwards'...Posted by Marcia Oddi on Thursday, January 24, 2008
Wednesday, January 23, 2008
Ind. Decisions - Supreme Court posts one today, decided 1/22/08
In Randolph County v. Chamness, a 5-page, 5-0 opinion on an interlocutory appeal, Chief Justice Shepard writes:This case arose when a car carrying four young women left the roadway in Randolph County, and overturned and ejected one of its occupants...Posted by Marcia Oddi on Wednesday, January 23, 2008
Saturday, January 19, 2008
Ind. Decisions - "Billboards will be history" - agreement filed Friday in Superior Court
See this ILB entry from May 3, 2006 on the denial of the petition for rehearing in Metropolitan Development Commission of Marion Co. v. Pinnacle Media, LLC for background. Here is a long list of all ILB entries referencing Pinnacle...Posted by Marcia Oddi on Saturday, January 19, 2008
Wednesday, January 16, 2008
Ind. Decisions - Supreme Court posts its Jan. 11th order in Tewell v. State
In this entry Friday, Jan. 11th, the ILB wrote:In addition, the ILB has just received notice of another Transfer granted with Published Order, granted today, in the case of Floyd Tewell v. State of Indiana. Here is the Nov. 5,...Posted by Marcia Oddi on Wednesday, January 16, 2008
Tuesday, January 15, 2008
Ind. Decisions - Supreme Court decides and posts a third opinion today
Note: The ILB experienced difficulty viewing the first page of the Gault decision - as noted earlier today the ILB also had trouble with the Brinkman decision. If you are having similar troubles, I suggest you write the Clerk's Office....Posted by Marcia Oddi on Tuesday, January 15, 2008
Ind. Decisions - Supreme Court decides two today
In Valerie Raich Baxendale v. Samuel Raich, III, a 10-page, 4-1 opinion, Justice Boehm writes:In 2006 the General Assembly replaced the single section governing child custody in the event of a relocation with a new chapter 2.2. We hold that...Posted by Marcia Oddi on Tuesday, January 15, 2008
Friday, January 11, 2008
Ind. Decisions - "Wabash triple-murderer denied belated appeal of sentences"
Referencing the Supreme Court decision Wednesday in the case of David T. Sholes v. State of Indiana (see ILB summary here - 3rd case), Rebecca S. Green of the Fort Wayne Journal Gazette reports today:A convicted triple-murderer cannot appeal his...Posted by Marcia Oddi on Friday, January 11, 2008
Thursday, January 10, 2008
Ind. Decisions - "Only indigent entitled to court-paid interpreters "
The Indiana Supreme Court's decision yesterday in the case of Jesus Arrieta v. State of Indiana [see ILB entry here - 4th case] is the subject of a story today in the Louisville Courier Journal by Lesley Stedman Weidenbener. Some...Posted by Marcia Oddi on Thursday, January 10, 2008
Wednesday, January 09, 2008
Ind. Decisions - Supreme Court issues four today, including decision re Marion County police powers challenge, and question of when must Court pay for interpreters
In State of Indiana v. Cheryl Oddi-Smith, a 6-page, 5-0 opinion on a petition to transfer pursuant to Rule 56(A), Chief Justice Shepard writes:The trial court suppressed all the evidence from appellee Cheryl Oddi-Smith’s drunk driving arrest. It held that...Posted by Marcia Oddi on Wednesday, January 09, 2008
Ind. Decisions - More on: All is not over in the Clerk County probation fees dispute
Updating this ILB entry from Nov. 8, 2007, where it was reported that a motion to reconsider would be filed in the case of Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau, Vicki Carmichael,...Posted by Marcia Oddi on Wednesday, January 09, 2008
Tuesday, December 18, 2007
Ind. Decisions - Probation sentencing subject of Supreme Court opinion today
In Russell Prewitt v. State of Indiana, a 7-page, 5-0 opinion, Chief Justice Shepard writes:The question here is whether the provisions of the Indiana Code governing probation violations permit a trial judge to order execution of one portion of a...Posted by Marcia Oddi on Tuesday, December 18, 2007
Ind. Decisons - Supreme Court answers a question of first impression: how should an Indiana court analyze a request to protect a trade secret from pre-trial discovery?
In Bridgestone Americas Holding, Inc., et al v. Violet Mayberry, et al, an 11-page, 5-0 opinion, Chief Justice Shepard writes:We encounter here a question of first impression: how should an Indiana court analyze a request to protect a trade secret...Posted by Marcia Oddi on Tuesday, December 18, 2007
Sunday, December 16, 2007
Ind. Decisions - Challenge to jury "made up of four whites, four Hispanics and four blacks"
The oral argument held before the Supreme Court Thursday in the case of Darryl Jeter v. State (see ILB Dec. 10th intro here) was the subject of an AP story Saturday. Some quotes:A Chicago man sentenced to life in prison...Posted by Marcia Oddi on Sunday, December 16, 2007
Thursday, December 13, 2007
Ind. Courts - More on: Oral arguments today include whether a student's myspace.com postings are protected political speech
WISHTV 8 has coverage of today's oral arguments. Currently the mid-day report is available; check here is view the on-demand video. It includes statements from students viewing the arguments. Presumably later this evening the report(s) aired at 5 and 6...Posted by Marcia Oddi on Thursday, December 13, 2007
Ind. Decisions - Still more on: Supreme Court denies Bopp motion for an emergency writ regarding the middle initial issue in the recount
Updating this ILB entry from Dec. 9th, the Terre Haute Trib-Star has this "breaking news" report from 4:01 pm:TERRE HAUTE — The Indiana Supreme Court today denied the mandate actions filed by attorney James Bopp Jr., to dismiss the recount...Posted by Marcia Oddi on Thursday, December 13, 2007
Wednesday, December 12, 2007
Ind. Decisions - Supreme Court decides one today
In Guardianship of E.N., Adult, a 9-page, 5-0 opinion, Justice Boehm writes:We hold that the guardianship estate planning statute does not authorize dispositions of the protected person’s entire estate. * * * Conclusion. The guardianship court’s October 14, 2003, Order...Posted by Marcia Oddi on Wednesday, December 12, 2007
Tuesday, December 11, 2007
Ind. Decisions - More on "Cert. Granted in Indiana v. Edwards"
"Protecting defendants in spite of themselves" is the title to this column by Daniel Leddy, who writes the weekly On the Law series for the Staten Island Advance. Here are some quotes from the end of the long column:It's obvious...Posted by Marcia Oddi on Tuesday, December 11, 2007
Sunday, December 09, 2007
Ind. Decisions - More on: Supreme Court denies Bopp motion for an emergency writ regarding the middle initial issue in the recount
Updating this ILB entry from Nov. 30th, where the Supreme Court denied the request for an emergency writ., but determined that the "this original action warrants additional briefing", Austin Arceo of the Terre Haute Trib-Star reports:TERRE HAUTE — A century...Posted by Marcia Oddi on Sunday, December 09, 2007
Friday, December 07, 2007
Ind. Decisions - " Cert. Granted in Indiana v. Edwards" [Updated]
Michael Ausbrook of INCourts Blog has just posted an entry that begins:The U.S. Supreme Court granted the State's cert. petition in Indiana v. Edwards Case No. 07-208. The issue in the case is whether someone who is competent to stand...Posted by Marcia Oddi on Friday, December 07, 2007
Wednesday, December 05, 2007
Ind. Decisions - Supreme Court issues one today
In Steven Hollin v. State of Indiana, a 7-page opinion, Justice Rucker writes:The defendant was convicted of conspiracy to commit burglary, a Class B felony, and found to be a habitual offender. The trial court sentenced him to twenty years...Posted by Marcia Oddi on Wednesday, December 05, 2007
Tuesday, December 04, 2007
Ind. Decisions - Supreme Court decides contracts dispute
In Ronald D. Liggett, d/b/a Liggett Construction Co. v. Dean and Elisabeth Young, a 12-page opinion, Justice Dickson writes:The plaintiff, Ronald Liggett, d/b/a Liggett Construction Company, brings this appeal to challenge a trial court summary judgment ruling in a contract...Posted by Marcia Oddi on Tuesday, December 04, 2007
Friday, November 30, 2007
Ind. Decisions - Supreme Court denies Bopp motion for an emergency writ regarding the middle initial issue in the recount
Here is the order issued this afternoon in the case of STATE OF INDIANA EX. REL, DUKE BENNETT v. VIGO COUNTY (84 S 00 - 0711 - OR - 00558):Relator's application papers include a request for an emergency writ. An...Posted by Marcia Oddi on Friday, November 30, 2007
Ind. Courts - "Justices hear appeal in Griffith slayings"
Oral arguments in David Green v. State were previewed in this ILB entry Monday. Today Patrick Guinane of the NWI Times has a report on the oral arguments. Some quotes:INDIANAPOLIS | Attorneys for a Griffith man convicted of murdering his...Posted by Marcia Oddi on Friday, November 30, 2007
Ind. Decisions - "Supreme Court reduces ex-Muncie man's sentence"
Reporting on the Supreme Court's Nov. 28th decision in In Aaron Reid v. State of Indiana (ILB entry here), a story today in the Muncie Star Press begins:ANDERSON -- The Indiana Supreme Court this week provided an early Christmas gifts...Posted by Marcia Oddi on Friday, November 30, 2007
Thursday, November 29, 2007
Ind. Decisions - More on: Supreme Court issues confusing ruling re Mental Illness and Competency to be Executed
More on the Supreme Court's opinion yesterday in the case of Michael Dean Overstreet v. State of Indiana, a 46-page opinion authored by Justice Rucker for the majority, which, as the ILB observed in its summary Nov. 27th, is "somewhat...Posted by Marcia Oddi on Thursday, November 29, 2007
Ind. Decisions - "Mentally ill man can be executed "
Reporting on the Supreme Court's decision yesterday in the case of Michael Dean Overstreet v. State of Indiana [see ILB entry here], Charles Wilson of the AP writes:The Indiana Supreme Court has upheld the death sentence for a mentally ill...Posted by Marcia Oddi on Thursday, November 29, 2007
Ind. Decisions - Supreme Court holds post-secondary educational orders may include medical expenses for the student
In Michael M. Cubel v. Debra A. Cubel, a 5-page, 5-0 opinion, Chief Justice Shepard writes:The legislature has authorized trial courts to enter orders providing parental assistance for college students, and it has indicated that such orders may extend beyond...Posted by Marcia Oddi on Thursday, November 29, 2007
Wednesday, November 28, 2007
Ind. Decisions - Supreme Court issues one today
In Aaron Reid v. State of Indiana, a 5-page, 5-0 opinion, Chief Justice Shepard writes:Appellant Aaron Reid, convicted of conspiracy to commit murder after collaborating with a police informant and an undercover officer, argues that his sentence is inappropriate. We...Posted by Marcia Oddi on Wednesday, November 28, 2007
Tuesday, November 27, 2007
Ind. Decisions - "The Indiana Securities Law requires more of a director than a simple assumption that all is well."
In Ralph E. Lean v. Charles D. Reed and Paul A. Reinken, and Galaxy Online, Inc. and Galaxy Internet, Inc., a 14-page, 4-1 opinion, Justice Boehm writes:The Indiana Securities Law creates liability of a director of a corporation for violations...Posted by Marcia Oddi on Tuesday, November 27, 2007
Ind. Decisions - Supreme Court issues confusing ruling re Mental Illness and Competency to be Executed
Michael Dean Overstreet v. State of Indiana, a 46-page opinion authored by Justice Rucker for the majority, is somewhat split , as indicated on p. 41:Shepard, C.J., and Dickson, Sullivan, and Boehm, JJ., concur except as to part VI. B,...Posted by Marcia Oddi on Tuesday, November 27, 2007
Thursday, November 15, 2007
Ind. Decisions - More on: Supreme Court issues private reprimand to attorney in matter involving "his wife's misappropriations"
Updating this ILB entry from Tuesday, on the Supreme Court's per curium, 3-page attorney discipline action in In the Matter of: Anonymous, the Fort Wayne Journal Gazette reports today: The Indiana Supreme Court issued a private reprimand to local attorney...Posted by Marcia Oddi on Thursday, November 15, 2007
Wednesday, November 14, 2007
Ind. Decisions - "Justices hear police oath dispute"
Jon Murray of the Indianapolis Star reports on this morning's oral arguments before the Indiana Supreme Court in the case of State v. Cheryl Oddi-Smith. Here are some quotes from the story:Prosecutors and state attorneys argue the officers' sworn status...Posted by Marcia Oddi on Wednesday, November 14, 2007
Tuesday, November 13, 2007
Ind. Decisions - Supreme Court issues private reprimand to attorney in matter involving "his wife's misappropriations"
In In the Matter of: Anonymous, a per curium, 3-page attorney discipline action, the Court writes:Pursuant to Indiana Admission and Discipline Rule 23(11), the Indiana Supreme Court Disciplinary Commission and Respondent have submitted for approval a "Statement of Circumstances and...Posted by Marcia Oddi on Tuesday, November 13, 2007
Friday, November 09, 2007
Ind. Decisions - More on "Life without parole off table for killer"
Updating this ILB entry from yesterday on Wednesday's Supreme Court decision in the case of State of Indiana v. Zolo Agona Azania, on the Lake County case which was relocated initially to Allen County because of pretrial publicity, Lori Caldwell...Posted by Marcia Oddi on Friday, November 09, 2007
Thursday, November 08, 2007
Ind. Decisions - Supreme Court decides one today
In Benjamin Ritchie v. State of Indiana, a 26-page, 5-0 opinion, Justice Rucker begins with this summary of the opinion:Benjamin Ritchie was convicted of murder, possession of a handgun by a serious violent felon, auto theft, and resisting law enforcement...Posted by Marcia Oddi on Thursday, November 08, 2007
Ind. Decisions - "Life without parole off table for killer"
Niki Kelly of the Fort Wayne Journal Gazette reports today on yesterday's Supreme Court decision in the case of State of Indiana v. Zolo Agona Azania (see ILB entry here). It begins:The Indiana Supreme Court ruled Wednesday that convicted police...Posted by Marcia Oddi on Thursday, November 08, 2007
Ind. Decisions - All is not over in the Clerk County probation fees dispute
The most recent ILB entry in the case of Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau, Vicki Carmichael, and Steven M. Fleece, the probation fees decision, was Sept. 29th. Ben Zion Hershberg of...Posted by Marcia Oddi on Thursday, November 08, 2007
Wednesday, November 07, 2007
Ind. Courts - Supreme Court clarifies which iteration of Indiana’s death penalty statute applies to a new sentencing phase
In State of Indiana v. Zolo Agona Azania, an 8-page opinion on a petition for rehearing, Justice Sullivan writes:Azania was sentenced to death in 1982 and re-sentenced to death in 1996. * * * It is sufficient for purposes of...Posted by Marcia Oddi on Wednesday, November 07, 2007
Tuesday, October 30, 2007
Ind. Decisions - Supreme Court grants rehearing and modifies opinion in Anglemyer
In Alexander Anglemyer v. State of Indiana, a 4-page ruling on a petition for rehearing, Justice Rucker writes:The defendant-petitioner, Alexander J. Anglemyer, seeks rehearing following our decision affirming his sentences for robbery and battery. We grant rehearing solely to clarify...Posted by Marcia Oddi on Tuesday, October 30, 2007
Tuesday, October 23, 2007
Ind. Decisions - Still more on: Trial court ruling could void IMPD arrests
As noted here in the ILB on Oct. 9th, the Supreme Court has granted emergency transfer under Rule 56(A) in the case of State v. Cheryl Oddi-Smith, bypassing the Court of Appeals. Oral arguments have been set for Wed., Nov....Posted by Marcia Oddi on Tuesday, October 23, 2007
Thursday, October 11, 2007
Ind. Courts - "House packed for Supreme Court case"
The oral arguments in the "workplace bullying" case of Daniel Raess, M.D. v. Joseph Doescher were held before the Indiana Supreme Court convened in Evansville yesterday. For background, start with this ILB entry from Oct. 8th. Today Kate Braser of...Posted by Marcia Oddi on Thursday, October 11, 2007
Saturday, September 29, 2007
Ind. Decisions - More on the Supreme Court's probation fees decision
Updating this entry on Wednesday's Supreme Court decision in Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau, Vicki Carmichael, and Steven M. Fleece, the probation fees decision, Larry Thomas of the New Albany News...Posted by Marcia Oddi on Saturday, September 29, 2007
Friday, September 28, 2007
Ind. Decisions - Montgomery County paper's take on the Supreme Court's mandate ruling
Updating this ILB entry from yesterday, today we have The Paper of Montgomery County's report, written by community editor Barry Lewis, on the Supreme Court's decision Wednesday in the court employee salary case: In Re: Order for Mandate of Funds;...Posted by Marcia Oddi on Friday, September 28, 2007
Thursday, September 27, 2007
Ind. Decisions - Supreme Court interprets tax sale statute
In In Re: Parcels Sold for Delinquent Taxes; Vanderburgh County Auditor, et al. v. Michiana Campgrounds, LLC, a 6-page, 5-0 opinion, Justice Boehm writes:We hold that a purchaser at a tax sale who does not seek an order to issue...Posted by Marcia Oddi on Thursday, September 27, 2007
Ind. Decisions - More on: Supreme Court issues two anticipated mandate decisions today
Updating this ILB entry from yesterday (or simply scroll down one), Ben Zion Hershberg of the Louisville Courier Journal writes on yesterday's Supreme Court decision in Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau,...Posted by Marcia Oddi on Thursday, September 27, 2007
Wednesday, September 26, 2007
Ind. Decisions - Supreme Court issues two anticipated mandate decisions today
This first decision is in the long-time dispute over the control of adult probation services funds, which has impact beyond Clark County. In Clark County Council and Clark County Auditor v. Daniel F. Donahue, Cecile A. Blau, Vicki Carmichael, and...Posted by Marcia Oddi on Wednesday, September 26, 2007
Ind. Courts - More on: Supreme Court asked to intervene in election dispute
Updating this ILB entry from Saturday, Sept. 22, in the case of 45 S 00 - 0709 - OR - 00366; STATE OF INDIANA EX REL LAKE CTY BD OF ELEC -V- LAKE SUP CT, the Gary Post Tribune reports...Posted by Marcia Oddi on Wednesday, September 26, 2007
Tuesday, September 25, 2007
Ind. Decisions - Supreme Court decides insurance assignment case
In State Farm Mutual Automobile Insurance Co. v. Ruth Estep, a 24-page, 3-2 opinion, Chief Justice Shepard writes for the majority:In this motor vehicle collision case, defendant’s insurance carrier offered to pay policy limits even as it continued to defend...Posted by Marcia Oddi on Tuesday, September 25, 2007
Wednesday, September 19, 2007
Ind. Decisions - Supreme Court decides one today
In Eusebio Kho, M.D. v. Deborah Pennington, et al., a 14-page opinion in which Boehm, J., concurs, Shepard, C.J., concurs in result with separate opinion, Sullivan, J., concurs in part and dissents in part with separate opinion in which Rucker,...Posted by Marcia Oddi on Wednesday, September 19, 2007
Tuesday, September 18, 2007
Ind. Decisions - Supreme Court decides Vanderburgh County cell tower case
In St. Charles Tower, Inc. v. Board of Zoning Appeals of Evansville-Vanderburgh County, a 9-page, 5-0 opinion, Justice Sullivan writes:The Vanderburgh County Zoning Code requires cellular telephone towers to be located a distance of two feet for each foot of...Posted by Marcia Oddi on Tuesday, September 18, 2007
Monday, September 10, 2007
Ind. Decisions - One today from the Supreme Court
Regunal R. Dowell v. State of Indiana is a 4-page Per Curiam opinion, with the Court writing:We grant transfer to address the Court of Appeals’ resolution of a conflict between the trial court’s oral pronouncement of sentence and the written...Posted by Marcia Oddi on Monday, September 10, 2007
Ind. Decisions - Upcoming Supreme Court oral arguments this week
Upcoming oral arguments before the Supreme Court this Thursday, Sept. 13th: 9:00:00 AM - American Fire & Cas. Co. v. Thomas Roller - In this insurance coverage dispute, the insurer moved for summary judgment, contending the policy does not cover...Posted by Marcia Oddi on Monday, September 10, 2007
Sunday, September 09, 2007
Ind. Decisions - "Supreme Court refuses to reconsider lower court opinion that overturned manslaughter conviction"
The Anderson Herald Bulletin reported yesterday evening, in a story by Shawn McGrath:Three months after the Indiana Court of Appeals threw out Ralph Barnett’s voluntary manslaughter conviction, he was officially released from custody on Friday. Ralph Barnett, 55, Indianapolis, is...Posted by Marcia Oddi on Sunday, September 09, 2007
Wednesday, August 29, 2007
Ind. Decisions - Supreme Court issues one
In Spenser A. Krempetz v. State of Indiana, a 15-page opinion, Judge Rucker writes:Spenser A. Krempetz appeals his sentence of life imprisonment without parole (LWOP) after pleading guilty to murder, a felony, conspiracy to commit murder, a Class A felony,...Posted by Marcia Oddi on Wednesday, August 29, 2007
Friday, August 24, 2007
Ind. Decisions - 2 transfers granted today
The following transfers were announced this morning: Theron Hunter v. State, a NFP issued June 21, 2007, where Judge Riley concludes:Here, Hunter admits to violating his probation, but nonetheless argues the trial court abused its discretion in ordering him to...Posted by Marcia Oddi on Friday, August 24, 2007
Thursday, August 09, 2007
Ind. Decisions - Supreme Court posts two
The Indiana Supreme Court has posted two decisions, both dated Aug. 8th: In Michael Robertson v. State of Indiana, a 10-page, 5-0 opinion, Justice Boehm writes:We hold that under the sentencing laws from April 25, 2005, a court imposing a...Posted by Marcia Oddi on Thursday, August 09, 2007
Saturday, July 28, 2007
Ind. Decisions - "High court to tackle corporal punishment"
Jeff Parrott of the South Bend Tribune writes today about the Supreme Court's decision Thursday to grant transfer in the case of Sophia Willis v. State. (The 5/17/07 ILB entry, 5th case, included this quote from the COA opinion: "We...Posted by Marcia Oddi on Saturday, July 28, 2007
Thursday, July 26, 2007
Ind. Decisions - More on "Belated Appeals and Blakely (or is it Apprendi?) Retroactivity"
Updating this July 12th ILB entry promising to post the final print version of Michael Limrick's lengthy lead article for the upcoming JulyAugust issue of Res Gestae as soon as it was available in print, here it is....Posted by Marcia Oddi on Thursday, July 26, 2007
Tuesday, July 24, 2007
Ind. Decisions - Supreme Court issues one today
In Chad E. Strong v. State of Indiana, a 4-page opinion, Justice Dickson writes:In this case, the State acknowledges the defendant's claim that his two convictions violate double jeopardy principles, but the parties disagree on the proper remedy. * *...Posted by Marcia Oddi on Tuesday, July 24, 2007
Thursday, July 19, 2007
Ind. Decisions - Supreme Court grants transfers today in three civil cases
Michael Cubel v. Debra Cubel , which was a 14-page NFP opinion issued 4/30/07 where Judge May concluded:We find no abuse of discretion in the court’s order regarding temporary maintenance or in the majority of the court’s orders regarding child...Posted by Marcia Oddi on Thursday, July 19, 2007
Thursday, July 12, 2007
Ind. Decisions - "Belated Appeals and Blakely (or is it Apprendi?) Retroactivity"
Michael Limrick, a frequent commentator on Indiana sentencing law issues, has written the lengthy lead article for the upcoming JulyAugust issue of Res Gestae. Here is the introduction:In Gutermuth v. State and its companion cases, the Indiana Supreme Court disposed...Posted by Marcia Oddi on Thursday, July 12, 2007
Friday, July 06, 2007
Ind. Decisions - "Woman owes City of Mitchell $38,200"
Faith Hannah of the Bedford Times-Mail reports today:MITCHELL — The Indiana Supreme Court sided with the city of Mitchell to make a property owner, literally, clean up her act. Marilyn Barlow, 903 Lawrence St., failed to comply to several city...Posted by Marcia Oddi on Friday, July 06, 2007
Saturday, June 30, 2007
Ind. Decisions - More on "Ruling supports Carmel annexation"
Updating this ILB entry from June 27th, John Tuohy of the Indianapolis Star writes today under the headline "Town officials ready to go after Geist: But annexation foes say Fishers' case unlike Carmel one." His report begins:Town officials said Thursday...Posted by Marcia Oddi on Saturday, June 30, 2007
Friday, June 29, 2007
Ind. Decisions - Supreme Court issues opinion in air bag warning case
In Ford Motor Company and Eby Ford Lincoln Mercury a/k/a Eby Ford Sales, Inc. v. Marilyn Rushford, an 8-page, 5-0 opinion in a case where oral arguments were heard Dec. 14, 2006, Justice Rucker writes:A retail merchant has a duty...Posted by Marcia Oddi on Friday, June 29, 2007
Thursday, June 28, 2007
Ind. Decisions - U.S. Supreme Court opinion in Panetti issued
The U.S, Supreme Court has just issued its opinion in Panetti v. Quarterman (née Drake) (via SCOTUSblog). In an order issued Jan. 17, 2007, our Indiana Supreme Court stated:A recent development suggests that the Supreme Court of the United States...Posted by Marcia Oddi on Thursday, June 28, 2007
Ind. Decisions - "McManus returns to death row: State reverses ruling"
Bryan Corbin of the Evansville Courier & Press reports today on yesterday's 3-2 Supreme Court decision in State of Indiana v. Paul M. McManus (ILB entry here - 2nd case):An Evansville man convicted of killing his wife and two children...Posted by Marcia Oddi on Thursday, June 28, 2007
Wednesday, June 27, 2007
Ind. Decisions - "Ruling supports Carmel annexation" [Updated]
Bill Ruthhart of the Indianapolis Star reports this afternoon on the Supreme Court decision earlier today in the case of City of Carmel, Indiana v. Certain Southwest Clay Township Annexation Territory Landowners (see ILB entry here - 3rd case). Some...Posted by Marcia Oddi on Wednesday, June 27, 2007
Ind. Decisions - Supreme Court posts three
In Tina M. Grant v. Gregory J. Hager, an 8-page (including the dissent), 3-2 opinion, in a case argued Jan. 18, 2007, Justice Sullivan writes:Under the circumstances of this case, the trial court ordered a custodial parent to make child...Posted by Marcia Oddi on Wednesday, June 27, 2007
Ind. Decisions - "Judges must justify felony sentences; case tests new Indiana law"
Niki Kelly of the Fort Wayne Journal Gazette writes today about yesterday's Supreme Court ruling in the case of Alexander J. Anglemyer v. State of Indiana (see ILB entry here). Some quotes:The Indiana Supreme Court ruled unanimously Tuesday that judges...Posted by Marcia Oddi on Wednesday, June 27, 2007
Tuesday, June 26, 2007
Ind. Decisions - Supreme Court issues three more today
In Carlos M. Jackson v. State of Indiana, a 15-page, 3-2 opinion, in a case that was argued Nov. 28, 2006, Justice Boehm writes for the majority:We hold that a trial court may find a knowing and voluntary waiver of...Posted by Marcia Oddi on Tuesday, June 26, 2007
Ind. Decisions - Three today so far from the Supreme Court
In Alexander J. Anglemyer v. State of Indiana, a 15-page, 5-0 opinion, in which oral arguments were held Sept. 7, 2006, Justice Rucker writes:In this opinion we discuss the respective roles of Indiana trial and appellate courts under the 2005...Posted by Marcia Oddi on Tuesday, June 26, 2007
Monday, June 25, 2007
Ind. Decisions - Supreme Court decides one today
In Annette Donica Giles v. Brown County, Indiana, By and Through Its Board of Commissioners, a 6-page, 4-1 opinion, in which oral arguments were heard over a year ago, on June 9, 2006, Justice Sullivan writes:Joey Giles, a Brown County...Posted by Marcia Oddi on Monday, June 25, 2007
Ind. Decisions - Supreme Court to hear case on duty of property owner to clear adjacent sidewalk
Denison Parking, Inc. v. Barbara Davis is set to be argued tomorrw morning at 9 a.m. before the Supreme Court. Here is the ILB entry from Feb. 28th, headed "Court of Appeals rules no duty to clear adjacent public sidewalks."...Posted by Marcia Oddi on Monday, June 25, 2007
Sunday, June 24, 2007
Ind. Decisions - More on: Outback Steakhouse case settled
Following up on yesterday's story in the Muncie Star-Press, which included this sentence: "How much the restaurant agreed to pay David and Lisa Markley was unavailable Friday afternoon," and about which the ILB thought "Good luck!", the Star-Press reports today:Details...Posted by Marcia Oddi on Sunday, June 24, 2007
Saturday, June 23, 2007
Ind. Decisions - Outback Steakhouse case settled
On Nov. 8, 2006, the Indiana Supreme Court ordered a retrial in the case of Outback Steakhouse of Florida, Inc., Toncredi, Inc., and John Broz, d/b/a Outback Steakhouse of Muncie v. David D. and Lisa K. Markley. See a list...Posted by Marcia Oddi on Saturday, June 23, 2007
Ind. Decisions - "Court rules city may take utility"
The Fort Wayne Journal Gazette has a story today, reported by Niki Kelly and Benjamin Lanka, on yesterday's Supreme Court ruling in In Utility Center, Inc., d/b/a Aquasource v. City of Fort Wayne - see yesterday's ILB entry here. Their...Posted by Marcia Oddi on Saturday, June 23, 2007
Ind. Decisions - "Court overturns conviction in disc jockey charade"
Jon Murray of the Indianapolis Star reports today on the Indiana Supreme Court's decision yesterday in Richard Brown v. State of Indiana - see ILB entry here, 3rd case. From the Star:The Indiana Supreme Court on Friday overturned an Indianapolis...Posted by Marcia Oddi on Saturday, June 23, 2007
Friday, June 22, 2007
Ind. Decisions - Here is the Supreme Court's fourth opinion today
In State Ex Rel Kurt M. Hoffman v. Allen Circuit Court, a 3-page, 5-0 opinion, Justice Dickson writes:By a summary order indicating that an explanatory opinion would follow, this Court on May 15, 2007, denied the relator's petition for a...Posted by Marcia Oddi on Friday, June 22, 2007
Ind. Decisions - Supreme Court issues at least three today
In Utility Center, Inc., d/b/a Aquasource v. City of Fort Wayne, Indiana, a 17-page, 3-2 opinion, in a case in which oral arguments were heard March 9, 2006, Justice Sullivan writes for the majority:Water and sewer service is provided in...Posted by Marcia Oddi on Friday, June 22, 2007