Ten things you didn t know about the indiana supreme court
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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

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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



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3. First Female, First African-American Justice

Hon. Myra Selby 103rd Justice

1995-1999


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Jeremiah Sullivan territorial days

8th Judge 1837-1846


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Thomas L. Smith territorial days

10th judge 1847-1853


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Samuel Perkins territorial days

9th Judge 1846-1865 & 1877-1877


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Alvin P. Hovey territorial days

14th Judge 1854-1855


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Horace Porter Biddle territorial days

26th Judge 1875-1881


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John Wesley McBride territorial days

39th Justice: 1890 - 1893


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John Vestal Hadley territorial days

48th Judge 1899 - 1911


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Clarence R. Martin territorial days

66th judge 1927-1933

Ed Martin Sr.


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Curtis Grover Shake territorial days

72nd Judge 1938 -1946


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Frank Richman territorial days

74th justice 1941-47


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Frederick Landis Jr. territorial days

86th justice 1955-1956


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James A. Emmert territorial days

79th Judge 1946-1959


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Isadore Edward Levine territorial days

85th Justice 1955


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Roger O. DeBruler territorial days

95th Justice 1968-1996


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  • 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)


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The Players territorial days

Atterburn, J.

Hunter, J.

Lewis, CJ

Jackson, J.


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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.”


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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.”


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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.”



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  • 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


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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


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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.”



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Territorial Capitol territorial days


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Capitol in Corydon territorial days


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Marion County Courthouse territorial days



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Indiana Judicial Building territorial days


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Current State House territorial days


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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.


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  • 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.


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  • 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).


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  • 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.”


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9. From Law Clerk to Chief Justice territorial days

96th Justice 1970 - 1995


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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


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11. Time Flies territorial days

Isaac Blackford William Combs

36 years 1 month


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12. We Manipulate the Media territorial days


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Before territorial days


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After territorial days


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15. We Have A Motto territorial days

Supremum Jus Lege Suprema


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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:


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U.M. v. State territorial days, 827 N.E.2d 1190 (Ind. Ct. App. 2005) (May 26, 2005)


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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.



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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


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Which justice clerked for U.S. Supreme Court Chief Justice Earl Warren?

Hon. Theodore “Ted” Boehm



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Which justice completed the Boston Marathon? Earl Warren?

Hon. Frank Sullivan


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Which justice served during the Vietnam War? Earl Warren?

Hon. Robert Rucker


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20. We Do Rap Earl Warren?

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

  • Justice Hunter

  • He was moved to verse:


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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.


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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!


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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.


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Sources Earl Warren?

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

  • Hon. Frank Sullivan

  • Hon. Randall T. Shepard


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