Ten things you didn t know about the indiana supreme court
1 / 65

- PowerPoint PPT Presentation

  • Uploaded on

Ten Things You Didn’t Know About the Indiana Supreme Court Summer in the City June 15, 2009 1. We Take Cash! 2. Age Before Beauty? Not in the Supreme Court Conference Room Voting order determined by reverse seniority Justice Robert Rucker goes first; Chief Justice Shepard votes last

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about '' - libitha

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript

2 age before beauty l.jpg
2. Age Before Beauty?

  • Not in the Supreme Court Conference Room

  • Voting order determined by reverse seniority

  • Justice Robert Rucker goes first; Chief Justice Shepard votes last

3 first female first african american justice l.jpg
3. First Female, First African-American Justice

Hon. Myra Selby 103rd Justice


Slide6 l.jpg

Jeremiah sullivan l.jpg
Jeremiah Sullivan territorial days

8th Judge 1837-1846

Thomas l smith l.jpg
Thomas L. Smith territorial days

10th judge 1847-1853

Samuel perkins l.jpg
Samuel Perkins territorial days

9th Judge 1846-1865 & 1877-1877

Alvin p hovey l.jpg
Alvin P. Hovey territorial days

14th Judge 1854-1855

Horace porter biddle l.jpg
Horace Porter Biddle territorial days

26th Judge 1875-1881

John wesley mcbride l.jpg
John Wesley McBride territorial days

39th Justice: 1890 - 1893

John vestal hadley l.jpg
John Vestal Hadley territorial days

48th Judge 1899 - 1911

Clarence r martin l.jpg
Clarence R. Martin territorial days

66th judge 1927-1933

Ed Martin Sr.

Curtis grover shake l.jpg
Curtis Grover Shake territorial days

72nd Judge 1938 -1946

Frank richman l.jpg
Frank Richman territorial days

74th justice 1941-47

Frederick landis jr l.jpg
Frederick Landis Jr. territorial days

86th justice 1955-1956

James a emmert l.jpg
James A. Emmert territorial days

79th Judge 1946-1959

Isadore edward levine l.jpg
Isadore Edward Levine territorial days

85th Justice 1955

Roger o debruler l.jpg
Roger O. DeBruler territorial days

95th Justice 1968-1996

Slide21 l.jpg

  • Justice Three Ways territorial days

  • Appointed Oct. 1, 1968

  • On Ballot in 1970

  • Retained by Voters

  • Only Justice to cite the State Poem; See: Williams v. State, 256 N.E.2d 913, 918 (Ind. 1970)

The players l.jpg
The Players territorial days

Atterburn, J.

Hunter, J.

Lewis, CJ

Jackson, J.

4 they can t drive 55 l.jpg
4. They Can’t Drive 55 territorial days

  • Indiana Code FORBIDS the state from providing vehicles to appellate judges:

  • IC 33-38-5-8(e)

  • “The state may not furnish automobiles for the use of justices or judges compensated under this section.”

The trade off l.jpg
The Trade-Off territorial days

  • annual subsistence allowances

  • (1) $5,500 to the chief justice

  • (2) $5,500 to the CA chief judge

  • (3) $3,000 to each justice

  • (4) $3,000 to each court of appeals judge

  • “A justice or judge is not required to make an accounting for an allowance received under this subsection.”

5 our court was mean to benjamin harrison l.jpg
5. Our Court was Mean to territorial daysBenjamin Harrison

  • Only Hoosier in the White House

  • Was “Reporter” of the Supreme Court; elected position until 1970

  • Left to serve as Colonel in the Union Army; appointed deputy reporter

  • Court declared office “abandoned”

  • Democrats nominated replacement; Michael Kerr elected in 1862

  • Supreme Court (all Democrats) held Colonel and Reporter were two “lucrative offices.”

Slide27 l.jpg

  • Constitutional “No-No” (Art.2, Sec.9) territorial days

  • “The acceptance of the latter office vacates the former.”

  • Kerr v. Jones, 19 Ind. 351 (1862)

  • Pardoned in 2003 by current court:

  • www.in.gov/judiciary/press/2003/0226.html

  • Last case of “politics” in Court’s history

6 you have a constitutional right to scalping l.jpg
6. You have a Constitutional Right to “Scalping” territorial days

Kirtley v. State, 84 N.E.2d 712 (Ind. 1949).

  • State Basketball Final tickets

  • Mr. Kirtley offered them for sale

  • “at a price which was greater; to wit: $25; than the original price; to wit: $3”

  • contrary to a 1925 statute: §10-4913 Burns’ 1942 replacement

Art 1 1 personal liberty clause l.jpg
Art. 1, territorial days§ 1 “personal liberty” clause

“If the law prohibits that which is harmless in itself…it is the duty of the courts to declare such a law void.”

  • The statute in question interferes with the liberties, the personal and property rights of the ticket owner and has no relation to the protection of public health, morals, safety or welfare. It cannot be justified as a proper exercise of police power.”

Territorial capitol l.jpg
Territorial Capitol territorial days

Capitol in corydon l.jpg
Capitol in Corydon territorial days

Marion county courthouse l.jpg
Marion County Courthouse territorial days

Indiana judicial building l.jpg
Indiana Judicial Building territorial days

Current state house l.jpg
Current State House territorial days

8 we re ahead of the big court l.jpg
8. We’re Ahead of “the Big Court” territorial days

  • State v. Lasselle, 1 Blackf. 60 (Ind. 1820) Indiana Constitution of 1816 bans slavery in Indiana.

  • Armstrong v. Jackson, 1 Blackf. 374 (Ind. 1825) right to a trial by jury in civil cases

  • Webb v. Baird, 6 Ind. 13 (1854) right to counsel in criminal cases 109 years before Gideon v. Wainwright

  • In re Leach, 34 N.E. 641 (1872) women admitted to practice; U.S. Supreme Court concluded women were “not suited” to be lawyers.

Slide38 l.jpg

  • Callender v. State territorial days, 138 N.E. 817 (Ind. 1922) exclusion of evidence from illegal search predates Mapp v. Ohio by 38 years.

  • Bolkovac v. State, 98 N.E.250 (Ind. 1951) right to jury and counsel in misd. cases

  • Adams v. State, 299 N.E.2d 834 (Ind. 1973), banned surgery as an intrusive search 12 years before U.S. Supreme Court.

Slide39 l.jpg

  • Falkenburgh v. Jones territorial days, 5 Ind. 306 (1854) -right to obtain a free transcript of trial to pursue a criminal appeal.

  • U.S. Supreme Court followed with Griffin v. Illinois, 351 U.S. 12 (1956).

Slide40 l.jpg

  • Miller v. State, territorial days 517 N.E.2d 64 (Ind. 1987), Ind. requires “face to face” confrontation; US Constitution has a more general right to “be confronted with the witnesses.”

9 from law clerk to chief justice l.jpg
9. From Law Clerk to Chief Justice territorial days

96th Justice 1970 - 1995

10 rogues gallery l.jpg
10. Rogues Gallery territorial days

  • 105 Justices

  • Depictions of all but two

  • John Johnson, 2nd judge, 1816-1817

  • John T. McKinney, 5th judge, 1831-1837

  • 9 Oil paintings

  • 28 Drawings

  • 68 Photographs

11 time flies l.jpg
11. Time Flies territorial days

Isaac Blackford William Combs

36 years 1 month

12 we manipulate the media l.jpg
12. We Manipulate the Media territorial days

Slide45 l.jpg

Before territorial days

Slide49 l.jpg

After territorial days

15 we have a motto l.jpg
15. We Have A Motto territorial days

Supremum Jus Lege Suprema

16 we like colorful language l.jpg
16. We Like Colorful Language territorial days

  • You can swear at the police and get away with it.

  • Price v. State, 622 N.E.2d 954 (Ind. 1993).

  • Her foul language was “political speech,” which is a “core value” of the Ind. Const.

  • Still Good Law Today:

U m v state 827 n e 2d 1190 ind ct app 2005 may 26 2005 l.jpg
U.M. v. State territorial days, 827 N.E.2d 1190 (Ind. Ct. App. 2005) (May 26, 2005)

17 we actually like the legislature l.jpg
17. We Actually Like the Legislature territorial days

  • State ex rel Masariu v. Marion Superior Court No. 1, 621 N.E.2d 1097 (Ind. 1993).

  • “This Court has held repeatedly that courts should not intermeddle with the internal functions of either the Executive or Legislative branches of Government.”

  • City of South Bend v. Kimsey, 774 N.E.2d 510 (Ind. 2002).

  • We were just trying to help.

19 our justices are quite unique l.jpg
19. Our Justices Are Quite Unique territorial days

  • Which justice threw out the first pitch at a professional baseball game and sang “Take Me Out to the Ballgame” during the seventh inning stretch?

Hon. Randall T. Shepard

Which justice clerked for u s supreme court chief justice earl warren l.jpg
Which justice clerked for U.S. Supreme Court Chief Justice Earl Warren?

Hon. Theodore “Ted” Boehm

Which justice completed the boston marathon l.jpg
Which justice completed the Boston Marathon? Earl Warren?

Hon. Frank Sullivan

Which justice served during the vietnam war l.jpg
Which justice served during the Vietnam War? Earl Warren?

Hon. Robert Rucker

20 we do rap l.jpg
20. We Do Rap Earl Warren?

  • Nelson v. State, 465 N.E.2d 1391 (Ind. 1984)

  • Justice Hunter

  • He was moved to verse:

We still like poems l.jpg
We Still Like Poems Earl Warren?

  • Hon. L. Mark Bailey, Greensburg, author of Gregory v. State, 885 N.E. 2d 697 (Ind. Ct. App. 2008).

  • Prosecutor read “Meth Poem” at voir dire

  • Court of Appeals upheld; no misconduct

  • Ind. Sup. Court denied transfer, w/ dissent by Justice Rucker, Dickson, J., concurring, Feb. 4, 2009.

21 we do weddings l.jpg
21. We Do Weddings Earl Warren?

  • Courtroom Bar Admission Ceremony

  • Jan. 7, 1984

  • One lawyer to be admitted was also wed

  • Performed by Chief Justice Givan

  • One Witness’ comment:

  • I can attest that it takes a longer time to get "sworn in" than it does to get married!

Sources l.jpg
Sources Earl Warren?

  • Some of this stuff I just made up.

  • Patrick Baude, Is There Independent Life in the Indiana Constitution?, 62 Ind. L.J. 263 (1987).

  • Randall T. Shepard, Second Wind for the Bill of Rights, 22 Ind. L. Rev. 575 (1989).

  • Kenneth M. Stroud, Justice DeBruler and the Dissenting Opinion, 30 Ind. L. Rev. 17 (1997).

  • Jon Laramore, Indiana Constitutional Developments: The Wind Shifts, 36 Ind.L.R. 961 (2003).

  • Jennifer Hodge, State House Tour Office.

Sources64 l.jpg
Sources Earl Warren?

  • Dr. Elizabeth Osborn, Assistant for Public Information and Court History

  • Hon. Frank Sullivan

  • Hon. Randall T. Shepard