Citation Matters: a Quick Guide to Correct Citation Form in Indiana by Prof
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Petition for Certiorari
No. 17-________ ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- TYSON TIMBS AND A 2012 LAND ROVER LR2, Petitioners, v. STATE OF INDIANA, Respondent. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The Indiana Supreme Court --------------------------------- --------------------------------- PETITION FOR A WRIT OF CERTIORARI --------------------------------- --------------------------------- DARPANA M. SHETH WESLEY P. H OTTOT* SAMUEL B. GEDGE INSTITUTE FOR JUSTICE INSTITUTE FOR JUSTICE 10500 NE 8th Street, 901 North Glebe Road, Suite 1760 Suite 900 Bellevue, WA 98004 Arlington, VA 22203 (425) 646-9300 (703) 682-9320 [email protected] [email protected] *Counsel of Record [email protected] Counsel for Petitioners ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED Whether the Eighth Amendment’s Excessive Fines Clause is incorporated against the States under the Fourteenth Amendment. ii PARTIES TO THE PROCEEDINGS Petitioners are Tyson Timbs and his 2012 Land Rover LR2. Respondent is the State of Indiana. Addi- tional plaintiffs before the trial court were the J.E.A.N. Team Drug Task Force, the Marion Police Department, and the Grant County Sheriff ’s Department. iii TABLE OF CONTENTS Page QUESTION PRESENTED................................... i PARTIES TO THE PROCEEDINGS -
C. Indiana Supreme Court Disciplinary Commission
INDIANA STATE SUPREME COURT JUSTICES Back Row (Left to Right): Justice Frank Sullivan, Jr., Chief Justice Randall T. Shepard, Justice Brent E. Dickson Front Row (Left to Right): Justice Robert D. Rucker, Justice Theodore R. Boehm Cover Photograph by Richard Fields, Courtesy of Outdoor Indiana. TABLE OF CONTENTS I. Introduction . .2 II. Significant Events Of Fiscal Year 2001-2002 . .2-4 III. The Indiana Supreme Court . .4-6 A. Brief History . .4 B. The Case Work of The Indiana Supreme Court . .4 C. Biographies of The Justices . .5-6 IV. Budgetary Matters . .6 V. Activities Of The Affiliated Agencies And Divisions Of The Court . .6-24 A. Division of Supreme Court Administration . .6 B. Division of State Court Administration . .6 C. Indiana Supreme Court Disciplinary Commission . .14 D. Board of Law Examiners . .15 E. Commission For Continuing Legal Education . .17 F. Indiana Judicial Nominating Commission Indiana Commission on Judicial Qualifications . .18 G.Indiana Judicial Conference/Indiana Judicial Center . .20 H.Indiana State Public Defender’s Office . .22 TOC I. Indiana Supreme Court Law Library . .22 J. Indiana Judges and Lawyers Assistance Program . .22 Appendix A—Statistical Analysis Fiscal 2001-2002 Case Inventories & Disposition Summary . A-2 Total Cases Disposed . .A-3 Majority Opinions and Published Orders . .A-3 Non-majority Appellate Opinions . .A-4 Certified Questions . .A-4 Rehearing Dispositions . .A-4 Capital Cases . .A-5 Petitions for Extension of Time & Miscellaneous Orders . .A-5 Disciplinary, Contempt and Related Matters . .A-6 Analysis of Supreme Court Dispositions . .A-7 Cases Pending as of June 30, 2002 . .A-8 Appendix B—Organizational Charts Indiana Judicial System Flow Chart . -
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The History of the Indiana Trial Court System and Attempts at Renovation John G. Baker' Introduction Since the formation of Indiana as a territory to the present day, advocates of reform of Indiana's trial court system have enjoyed only limited and short-lived success. Throughout Indiana's history, advocates have addressed a number of issues; however, their goal of a single tier organization of trial courts and merit selection of all judges has proved elusive. This Article evaluates the history of the Indiana General Assembly's attempts to address the call for a more organized trial court system and judge selection process in Indiana. This history shows the general assembly's ambivalence in forgoing its control over parochial issues and its recalcitrance in surrendering control over not only the various dockets of the Indiana trial courts, but over the people who administer those dockets—the state's trial judges. As recently as 1986, the Indiana Judges Association advocated a series of reforms for the state's judicial system. 1 This proposal contained a number of changes which required legislative approval, but some required action only within the judicial branch itself. The 1986 proposal was based, in part, on the 2 recommendations advanced by the Indiana Judges Association in 1978. Specifically, the most recent suggestions championed were: 1) a unified, single- tier jurisdiction system of trial courts, 2) selection of all judges by a merit selection system, 3) total state funding of the court system, 4) improved judicial salaries, 5) improved court record keeping, and 6) reexamination of the change of venue and 3 change of judge rules. -
The 2021-2022 Guide to State Court Judicial Clerkship Procedures
The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community. -
In the Supreme Court of Iowa
IN THE SUPREME COURT OF IOWA No. 15–1661 Filed June 30, 2016 KELLI JO GRIFFIN, Appellant, vs. PAUL PATE, In His Official Capacities as the Secretary of State of Iowa, and DENISE FRAISE, In Her Official Capacities as the County Auditor of Lee County, Iowa, Appellees. Appeal from the Iowa District Court for Polk County, Arthur E. Gamble, Judge. Claimant appeals district court ruling holding her drug conviction fell within the scope of “infamous crime” as used in article II, section 5 of the Iowa Constitution. AFFIRMED. Rita Bettis of ACLU of Iowa Foundation, Des Moines, and Julie A. Ebenstein and Dale E. Ho of ACLU Foundation, Inc., New York, New York, for appellant. Thomas J. Miller, Attorney General, Jeffrey S. Thompson, Solicitor General, Meghan L. Gavin, Assistant Attorney General, and Michael Short, Lee County Attorney, for appellee. Gary D. Dickey of Dickey & Campbell Law Firm, PLC, Des Moines, for amicus curiae Polk County Auditor Jamie Fitzgerald. 2 Coty R. Montag, Washington, D.C., John B. Whiston of Clinical Law Programs, University of Iowa, Iowa City, until withdrawal, and then John S. Allen of Clinical Law Programs, University of Iowa, Iowa City, and Christina A. Swarns, Angel S. Harris, and Joshua A. Rosenthal, New York, New York, for amicus curiae The NAACP Legal Defense & Educational Fund, Inc. Alan R. Ostergren, Muscatine County Attorney, for amicus curiae Iowa County Attorneys Association. Mark McCormick of Belin McCormick, P.C., Des Moines, Carmen Beauchamp Ciparick of Greenberg Traurig, LLP, New York, New York, and Myrna Pérez of Brennan Center for Justice at NYU School of Law, New York, New York, for amicus curiae The Iowa League of Women Voters. -
INDIANA SUPREME COURT ANNUAL REPORT 2004-2005 Indiana’S Court of Last Resort: the Indiana State Supreme Court Front Row Left to Right: Justice Robert D
INDIANA SUPREME COURT ANNUAL REPORT 2004-2005 Indiana’s court of last resort: the Indiana State Supreme Court Front Row Left to right: Justice Robert D. Rucker, Justice Theodore R. Boehm. Back Row Left to right: Justice Frank Sullivan, Jr., Chief Justice Randall T. Shepard, Justice Brent E. Dickson The cover photograph depicts historical restoration work completed on the Supreme Court’s Courtroom ceiling in late summer 2004. This cover photo, as well as the others in the Annual Report, are by John Gentry. INTRODUCTION This Annual Report provides information about the work of the Indiana Supreme Court. Included with the statistical data is an overview of the significant events of fiscal year 2004-2005 (July 1, 2004 through June 30, 2005) and a description of the activities of the Court and its affiliated agencies. Section II, Significant Events of Fiscal Year 2004-2005, includes brief highlights from the past fiscal year. Additional details on many of the programs listed in Section II can be found in the sections that follow. For more information about the Court, its history, and its various agencies and programs, visit our web site, www.IN.gov/judiciary. ■ TABLE OF CONTENTS I. Introduction . .1 H.Judicial Conference of Indiana /Indiana Judicial Center . .23 II. Significant Events of Fiscal Year 2004-2005 . .2 I. Indiana State Public Defender’s Office . .27 III. The Indiana Supreme Court . .6 J. Indiana Supreme Court Law Library . .27 A. Brief History . .6 K. Indiana Judges and Lawyers Assistance Program . .28 B. The Case Work of the Indiana Supreme Court . .6 Appendix –Statistical Analysis C.Biographies of the Justices . -
Supreme Court of the United States ------
No. _________ ================================================================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- JANET L. HIMSEL, MARTIN RICHARD HIMSEL, ROBERT J. LANNON, AND SUSAN M. LANNON, Petitioners, v. 4/9 LIVESTOCK, LLC, CO-ALLIANCE. LLP, SAMUEL T. HIMSEL, CORY M. HIMSEL, CLINTON S. HIMSEL, and STATE OF INDIANA, Respondents. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The Court Of Appeals Of Indiana --------------------------------- --------------------------------- PETITION FOR A WRIT OF CERTIORARI --------------------------------- --------------------------------- KATHERINE A. MEYER Counsel of Record Director HARVARD ANIMAL LAW AND POLICY CLINIC 1607 Massachusetts Avenue Cambridge, MA 02138 (617) 496-5145 [email protected] KIM E. FERRARO Senior Staff Attorney HOOSIER ENVIRONMENTAL COUNCIL 3951 N. Meridian, Suite 100 Indianapolis, IN 46208 (317) 685-8800 [email protected] Counsel for Petitioners ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED Does a state statute violate the Takings Clause of the United States Constitution when it provides com- plete immunity from nuisance and trespass liability for an industrial-scale hog facility newly sited next to long-standing family homes, even though -
Supreme Court of the United States
ORIGINAL IN THE SUPREME COURT OF THE UNITED STATES Charles E. Justise Sr., Petitioner r FILED DEC 172018 I OFFICE OF THE CLERK LiEEME COURt U.S. David Liebel, Respondents, et al, Respondents. ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF INDIANA PETITION FOR WRIT OF CERTIORARI Charles E. Justise Sr. DOC #921730 One Park Row Michigan City, IN 46360 VED 1 7019 M 1' QUESTIONS PRESENTED Whether Federal Rule of Civil Procedure 18 allows a case with unrelated claims to be removed from state court to federal court, and, if so, the exceptions to permit such a move. Whether the Honorable Tonya Walton Pratt, and the Honorable Joseph S. Van Bokkelen, U.S. District Court Judges, were correct in stating that Justise can only proceed against one defendant in federal court, and that the entire case was not removed to federal court, or whether the Indiana Trial Court, the Honorable Tim Oates, Judge, and the Court of Appeal of Indiana were correct in stating that the case was removed to federal court. List of Parties All parties do not appear in the caption of the case on the cover page. A list of all parties to the proceeding in the court whose judgment is the subject of this petition is as follows: David Liebel, Religious Services Coordinator. Eva Talley Sanders, Deputy Jail Commander, Marion County Jail. Jerry Huston, supervisor of the law library at the Wabash Valley Correctional Facility. Karen Richards, senior supervisor of all law libraries at the Wabash Valley Correctional Facility. Marvin Haggler, a sergeant at the Marion County Jail. -
Merit Selection in Indiana: the Foundation for a Fair and Impartial Appellate Judiciary
MERIT SELECTION IN INDIANA: THE FOUNDATION FOR A FAIR AND IMPARTIAL APPELLATE JUDICIARY EDWARD W. NAJAM, JR.* INTRODUCTION Forty years ago the people of Indiana amended their constitution to provide for the merit selection and retention of appellate judges.1 After 120 years of partisan judicial elections, the amendment to article 7 of the Indiana Constitution was a significant, if not radical, departure. Under the Constitution of 1852, virtually all Indiana judges were elected on a partisan ballot, and appellate judges were swept in to office and out of office on political tides that had nothing to do with their judicial qualifications or performance. The Indiana Law Review has invited us to reflect upon Indiana’s forty years of experience with merit selection and to consider whether merit selection in practice has achieved its promise to remove appellate judges from partisan politics, to secure and retain able jurists, and to maintain a fair and impartial appellate judiciary. This Article will consider (1) the national judicial reform movement that led to Indiana’s revised Judicial Article, (2) the work of the Judicial Study Commission which recommended merit selection, (3) the debate in the Indiana General Assembly over adoption of the amendment to article 7 of the Indiana Constitution, (4) the campaign for ratification of the amendment, and (5) Indiana’s experience with merit selection, including a brief comparison with judicial elections in other states. The proper role of the courts has been an important topic since the earliest days of the republic. In Democracy in America, Alexis de Toqueville concluded, “Scarcely any question arises in the United States which does not become, sooner or later, a subject of judicial debate . -
Changing the Constitutional Jurisdiction of the Indiana Supreme Court: Letting a Court of Last Resort Act Like One
Indiana Law Journal Volume 63 Issue 4 Article 1 Fall 1988 Changing the Constitutional Jurisdiction of the Indiana Supreme Court: Letting a Court of Last Resort Act Like One Randall T. Shepard Indiana Supreme Court Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Constitutional Law Commons, Courts Commons, and the State and Local Government Law Commons Recommended Citation Shepard, Randall T. (1988) "Changing the Constitutional Jurisdiction of the Indiana Supreme Court: Letting a Court of Last Resort Act Like One," Indiana Law Journal: Vol. 63 : Iss. 4 , Article 1. Available at: https://www.repository.law.indiana.edu/ilj/vol63/iss4/1 This Essay is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact [email protected]. Indianaw Law journal Vo L.63, No.4 D CCC 1987-1988 ESSAY Changing the Constitutional Jurisdiction of the Indiana Supreme Court: Letting a Court of Last Resort Act Like One CHIEF JUSTCE RANDALL T. SHEPnR* INTRODUCTION Appellate courts have two central functions with respect to deciding cases. They correct errors which may have been made in the initial trial of a case, and they "give" law by interpreting statutes and constitutions and by making common law. A state supreme court represents the final step in a state's appellate process. As a court of last resort, its opinions carry the precedential value which shapes the state's law. -
Indiana Law Review Volume 52 2019 Number 3
Indiana Law Review Volume 52 2019 Number 3 NOTES PUBLIC BUSINESS IS THE PUBLIC’S BUSINESS: KOCH’S IMPLICATIONS FOR INDIANA’S ACCESS TO PUBLIC RECORDS ACT COURTNEY ABSHIRE* INTRODUCTION “Public business is the public’s business. The people have the right to know. Freedom of information is their just heritage. Without that the citizens of a democracy have but changed their kings.” – Harold L. Cross1 In 2016, the Indiana Supreme Court faced the question of whether records requested pursuant to the Access to Public Records Act (“APRA”) could be withheld on the basis of the legislative work product exemption in APRA, and the Court held for the first time that APRA applied to the Indiana General Assembly.2 But the Court declined to review the question of whether the Indiana House Republican Caucus properly denied the requested records out of concern that doing so would violate the distribution of powers provision in the Indiana Constitution.3 The Court principally relied on two precedent cases involving the Indiana Constitution’s distribution of powers provision, Masariu v. Marion Superior Court and Berry v. Crawford, to formulate its holding in Citizens Action Coalition v. Koch.4 Shortly after the Indiana Supreme Court decided Koch, the Indiana Court of Appeals heard a case involving nondisclosure of records by the Governor’s *. J.D. Candidate, 2019, Indiana University Robert H. McKinney School of Law; MPA 2016, Indiana University Purdue University Indianapolis – Indianapolis, Indiana; B.A. 2012, Indiana University Purdue University Indianapolis – Indianapolis, Indiana. I would like to thank Professor Cynthia Baker for her continued guidance and support throughout the Note-writing process. -
Indiana Law Review Volume 35 2002 Number 2
Indiana Law Review Volume 35 2002 Number 2 SYMPOSIUM CAUGHT IN THE MIDDLE: THE ROLE OF STATE INTERMEDIATE APPELLATE COURTS EDWARD W. NAJAM, JR.* On March 30 and 31, 2001, the Indiana Court of Appeals and the Indiana Law Review co-sponsored a national symposium in Indianapolis on the role of state intermediate appellate courts entitled “Caught in the Middle: The Role of State Intermediate Appellate Courts.” The idea for the symposium originated with Randall T. Shepard, Chief Justice of Indiana, and it was held in connection with the Court of Appeals’ 2001 centennial celebration. It was my privilege to co-chair the symposium with Matthew T. Albaugh, then editor-in-chief of the Indiana Law Review. Judges from twenty-two states attended, representing over half of the thirty- nine states that have intermediate appellate courts. To our knowledge, this was the first time a conference has been organized to consider the institutional role of state intermediate appellate courts. The symposium addressed eight topics. Professor Michael E. Solimine of the University of Cincinnati College of Law spoke on the judicial federalism and state jurisprudence. Justice Gary E. Strankman of the California Court of Appeal spoke on managing the appellate process. Chief Justice Shepard spoke on appellate judicial ethics. Dean Lauren K. Robel of the Indiana University School of Law—Bloomington spoke on published and unpublished opinions. Florida attorney John Paul Jones spoke on appellate alternative dispute resolution. Chief Justice Shirley S. Abrahamson of the Wisconsin Supreme Court spoke on judicial selection, retention and accountability. Justice Warren D. Wolfson of the Illinois Appellate Court spoke on the significance of oral argument.