Tag Archives: Indiana courts

Monday roundup 10/6

This is more of a September Roundup, really. As promised, I am (finally) back. My goal with this blog is to have more in-depth content and less filler, so I might not post every day from here on, but the posts should be longer with more original thought. But I do plan on keeping the Roundup around. Once a week, just to catch things that slipped through the cracks. Continue reading Monday roundup 10/6

Monday roundup 8/18

In the area:

In the strange case of two brothers who disposed of a body of a person whom one of the brothers may or may not have killed, but definitely attacked, and whose death may have occurred in Allen or Nobel County, one brother has pleaded guilty to moving the body and has been sentenced to three years. As part of the deal, it has apparently been settled that she officially died in Noble County.

In the state:

Indiana officially has its first ever female Chief Justice

William Clyde Gibson has a second date with the executioner, although it’s also unlikely to be met, as appeals will push the date back.

Nationally:

SCOTUSblog has a repeatedly-updated post about movements on the Virginia same-sex marriage case at the end of the week. It seems that the deadline for responses to the request for a stay was about 20 minutes ago, so the justices may be looking those over as I type this. Perhaps a ruling tomorrow?

Court rules on warrant issue

The Indiana Supreme Court has ruled in Gilmette v. State that police do not need a warrant to search property already in their possession thanks to a lawful arrest, even if that search reveals evidence unrelated to the crime for which the person was arrested. Ruling here.

This isn’t too surprising. But it does serve as a useful reminder that once the police have your property in their custody (assuming they’ve gotten in properly and legally), then can absolutely search it, do lab tests, etc.

New Chief Justice on the way

Not a whole lot to talk about today, so head on over to the Indiana Law Blog for this nice commentary on the process for selecting the next Chief Justice of Indiana’s Supreme Court.

In short, the Chief Justice is selected by a committee of seven, made up of the current Chief Justice, three attorneys voted on by the state’s lawyers, and three non-attorneys selected by the Governor.

Some thoughts on the smoking ban

A Marion County judge has upheld Indianapolis’ smoking ban. The folks over at ILB have a copy of the order. The primary issue was whether or not exemptions for certain locations (i.e., tobacco stores, OTB parlors and private clubs) violate the Indiana Constitution. The judge ruled that they do not.

The exemptions are similar to those found in Allen County and Fort Wayne ordinances.

Since the Indiana Supreme Court has already overturned an Evansville ordinance that exempted a riverboat casino, there is a legitimate question as to whether or not the Marion County court was correct to distinguish OTB parlors from riverboat casinos. The guess here: the Supreme Court will be deciding this case eventually.