Neglect conviction, sentence in child’s death affirmed
The conviction and sentence of a Delaware County woman whose stepdaughter died due to neglect was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
Delaware County
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Attorney can’t recast untimely 4th Amendment claim against prosecutor
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
Judge upholds Delaware County smoking ban
Delaware Circuit Judge Marianne Vorhees refused to strike down an ordinance passed this summer by the county commissioners that enhanced the county’s smoking ban by prohibiting smoking in bars and private clubs. In her ruling Wednesday, she said those who are unhappy with the ordinance should use the political process to try to change it.
District judge and state senator to receive honorary BSU degrees
U.S. District Judge Tanya Walton Pratt and Indiana Sen. Luke Kenley will receive honorary doctor of laws degrees from Ball State University at its winter commencement Dec. 17.
Courts limiting workers’ online conduct
Workplace Internet policies go up against free speech concerns.
Ex-prosecutor gets 4-month suspension
Former Delaware County Prosecutor Mark McKinney has been suspended for 120 days, the Indiana Supreme Court announced Thursday. The suspension begins July 28, with automatic reinstatement upon its conclusion, subject to the conditions of Admission and Discipline Rule 23(4)(c).
Judges affirm recommitment to DOC
Ruling on a matter having no cases directly on point, the Indiana Court of Appeals held a trial court had personal jurisdiction over the defendant when it reordered him back to the Indiana Department of Corrections several years after discovering he was released prematurely.
COA adopts common-sense rule on providing insurance policies
The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
Politics pivotal in legal world
Some may say law and politics go together like love and marriage, but it’s more than a cliché when looking at how the Indiana legal community is being influenced and even transformed by the political process.
Agency wants one-year suspension
The Indiana Supreme Court’s Disciplinary Commission argues that a hearing officer’s recommendation of a public reprimand against Delaware County Prosecutor Mark McKinney is inadequate and the elected official should receive a one-year suspension.
Discipline case poses questions on recusals, separation of powers
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to a hearing officer the Indiana Supreme Court appointed to examine disciplinary charges against the prosecutor.
Hearing officer: prosecutor should get public reprimand
Delaware County Prosecutor Mark McKinney should be publicly reprimanded for violating four professional conduct rules in his handling of civil forfeiture matters as a private attorney while simultaneously prosecuting those same criminal defendants, according to hearing officer appointed by the Indiana Supreme Court.
Justices rule against POA on joint-account funds issue
The Indiana Supreme Court ruled against a woman who was made power of attorney by the man she worked for as a caretaker and opened bank accounts in both their names. The presumption is that the woman’s use of her power of attorney to benefit herself made those accounts invalid, and she failed to overcome that presumption to allow her to inherit the money from those accounts.
Judge sues prosecutor for intimidation, retribution
A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated
the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
Election for judicial commissions member this fall
The Indiana Judicial Nominating Commission and Indiana Commission on Judicial Qualifications are looking for a new attorney
member.
Lawyer enjoys representing the creator of the world’s most famous cartoon cat
Attorney Bob Beasley has represented Garfield-creator and Hoosier Jim Davis since the early 1980s.
COA: Trial court to decide pre-sentencing educational credit time
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
Judges rule on child molesting statute of limitations
Addressing an issue that’s been litigated back and forth on appeal for more than 20 years, the Indiana Court of Appeals decided today that a statute of limitations on felony child molesting begins running once the actions stop and the victim is no longer being prevented from telling authorities.
Delaware County’s first public defender dies
A former Delaware County Circuit judge and the first public defender in that county died Monday.
Prosecutor files answer to disciplinary charges
Delaware County Prosecutor Mark McKinney has responded to the disciplinary charges he faces in connection to his role as a
private attorney on civil forfeiture matters related to the criminal defendants he handled as a deputy prosecutor and prosecutor
on behalf of the state, saying his representation of the state wasn’t limited by his financial interest in forfeiture actions.