Indiana Case Commentaries

Affirmation of Due Process and Notice Requirements in Termination of Parental Rights: IN RE INVOLUNTARY TERMINATION of Karma W. and Brandon J.

Date: Mar 25, 2008

Affirmation of Due Process and Notice Requirements in Termination of Parental Rights: IN RE INVOLUNTARY TERMINATION of Karma W. and Brandon J. Introduction The case of Karma W. and Brandon J. versus...

Effective Assistance of Appellate Counsel in Post-Conviction Proceedings: HENLEY v. STATE of Indiana

Date: Feb 28, 2008

Effective Assistance of Appellate Counsel in Post-Conviction Proceedings: HENLEY v. STATE of Indiana Introduction HENLEY v. STATE of Indiana, 881 N.E.2d 639 (Ind. 2008), is a landmark decision by the...

Indiana Supreme Court Establishes Discretionary Custody Modification in Relocation Cases under Chapter 2.2

Date: Jan 16, 2008

Indiana Supreme Court Establishes Discretionary Custody Modification in Relocation Cases under Chapter 2.2 Introduction The case of Valerie Raich Baxendale v. Samuel Raich III (878 N.E.2d 1252)...

Judicial Flexibility in Probation Violations: Insights from Russell PREWITT v. STATE of Indiana

Date: Dec 19, 2007

Judicial Flexibility in Probation Violations: Insights from Russell PREWITT v. STATE of Indiana Introduction The case of Russell PREWITT v. STATE of Indiana, decided on December 18, 2007, by the...

Supreme Court of Indiana Upholds Death Penalty: Mental Illness and State Constitutional Analysis

Date: Nov 28, 2007

Supreme Court of Indiana Upholds Death Penalty: Mental Illness and State Constitutional Analysis Introduction The case of Michael Dean OVERSTREET v. STATE of Indiana presents critical issues...

Indiana Supreme Court Upholds Effective Assistance of Counsel Standards in Capital Sentencing: Ritchie v. Indiana

Date: Nov 9, 2007

Indiana Supreme Court Upholds Effective Assistance of Counsel Standards in Capital Sentencing: Ritchie v. Indiana Introduction The case of Benjamin Ritchie versus the State of Indiana presents a...

Adoption of the Substantial Trustworthiness Test in Probation Revocation Hearings: REYES v. STATE of Indiana

Date: Aug 15, 2007

Adoption of the Substantial Trustworthiness Test in Probation Revocation Hearings: REYES v. STATE of Indiana Introduction The case of George REYES v. STATE of Indiana, decided by the Supreme Court of...

Comprehensive Commentary on McDONALD v. STATE: Affirmation of Aggravating Factors in Sentencing Under Indiana's Revised Statutes

Date: Jun 27, 2007

Affirmation of Aggravating Factors in Sentencing Under Indiana's Revised Statutes: A Commentary on McDONALD v. STATE Introduction McDONALD v. STATE, 868 N.E.2d 1111 (Ind. 2007), is a significant...

Enhanced Sentencing Statements and Appellate Review in Indiana: Insights from ANGLEMYER v. STATE

Date: Jun 27, 2007

Enhanced Sentencing Statements and Appellate Review in Indiana: Insights from ANGLEMYER v. STATE Introduction ANGLEMYER v. STATE (868 N.E.2d 482, Supreme Court of Indiana, 2007) is a pivotal case...

Clarifying the Boundaries of Criminal Confinement and Identity Deception: Insights from BROWN v. STATE

Date: Jun 23, 2007

Clarifying the Boundaries of Criminal Confinement and Identity Deception: Insights from BROWN v. STATE Introduction Richard BROWN v. STATE of Indiana (868 N.E.2d 464) is a landmark decision by the...

Right of Allocution for Guilty Pleas Established in BIDDINGER v. STATE

Date: Jun 21, 2007

Right of Allocution for Guilty Pleas Established in BIDDINGER v. STATE Introduction The case of Nicholas BIDDINGER v. STATE of Indiana, 868 N.E.2d 407, adjudicated by the Supreme Court of Indiana on...

Involuntary Termination of Parental Rights: A Comprehensive Analysis

Date: Jun 1, 2007

Involuntary Termination of Parental Rights: A Comprehensive Analysis Introduction The case of In re The Involuntary Termination of the Parent-Child Relationship of Kay.L., Kar.L., and S.G., Minor...

Affirmation of Murder and Rape Convictions in Drane v. State: Standards for Sufficiency of Evidence

Date: May 30, 2007

Affirmation of Murder and Rape Convictions in Drane v. State: Standards for Sufficiency of Evidence Introduction Drane v. State, 867 N.E.2d 144 (Ind. 2007), is a pivotal case decided by the Supreme...

Double Jeopardy Clarified in Rutherford v. State of Indiana

Date: May 26, 2007

Double Jeopardy Clarified in Rutherford v. State of Indiana Introduction Michael Rutherford, Appellant-Defendant, appealed his convictions and six-year sentence stemming from charges of Class C...

Performance Bond Coverage Limited to Direct Privity Under Ind. Code § 8-23-9-9

Date: May 23, 2007

Performance Bond Coverage Limited to Direct Privity Under Ind. Code § 8-23-9-9 Introduction The case of Alberici Constructors, Inc., d/b/a Hillsdale Fabricators v. Ohio Farmers Insurance Company (866...

Upholding Sentencing Discretion Amid Sentencing Statement Discrepancies: McElroy v. State of Indiana

Date: May 3, 2007

Upholding Sentencing Discretion Amid Sentencing Statement Discrepancies: McElroy v. State of Indiana Introduction In the landmark case of McElroy v. State of Indiana, the Supreme Court of Indiana...

Defining Contiguity in Voluntary Annexation: CITY OF CARMEL v. STEELE and Russo-Steele

Date: May 3, 2007

Defining Contiguity in Voluntary Annexation: CITY OF CARMEL v. STEELE and Russo-Steele Introduction In the landmark case of City of Carmel, Indiana, Appellant v. Carl Michael Steele and Victoria A....

Shielding Defamatory Statements in Criminal Investigations: Indiana’s KELLEY v. TANOOS Ruling

Date: May 3, 2007

Shielding Defamatory Statements in Criminal Investigations: Indiana’s KELLEY v. TANOOS Ruling Introduction In the landmark case of Paul Joseph "Jay" Kelley, III, Appellant v. Daniel T. Tanoos,...

Limitations on Insurance Coverage for Defense Costs in Environmental Litigation: Cinergy Corp. v. AEGIS

Date: May 2, 2007

Limitations on Insurance Coverage for Defense Costs in Environmental Litigation: Cinergy Corp. v. AEGIS Introduction The Supreme Court of Indiana, in the case of Cinergy Corporation, Duke Energy...

Wage Payment Statute: Business Days Interpretation and Applicability to Public School Corporations

Date: Apr 28, 2007

Wage Payment Statute: Business Days Interpretation and Applicability to Public School Corporations Introduction The Supreme Court of Indiana, in the case of Tabatha J. Naugle and Sandra M. Cain v....