National juvenile justice program growing in Indiana
Four more counties are being added to Indiana’s Juvenile Detention Alternatives Initiative in June, the first step to a significant expansion of the program within Indiana.
Delaware County
Articles
Question over who should have mown grass prevents summary judgment
A trial court’s decision to grant summary judgment to a homeowner after a man slipped and fell on her property was overturned when the Indiana Court of Appeals found sufficient dispute over material facts.
Lawyer’s suit alleging malicious prosecution, emotional distress may proceed
The 7th Circuit Court of Appeals reversed the decision by a federal court in Indianapolis that dismissed a Muncie criminal defense attorney’s lawsuit against the United States for malicious prosecution and intentional infliction of emotional distress. Michael Alexander brought the suit after he was acquitted on charges of bribery in 2009.
ACLU of Indiana claims ordinances on door-to-door canvassing violate First Amendment
The ACLU of Indiana announced Thursday it has filed lawsuits against the town of Yorktown and the city of Jeffersonville because their ordinances regulating the activities of door-to-door canvassers violate the right to free expression under the U.S. Constitution.
Father owes support to children conceived via artificial insemination
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
COA divided over dismissing fired HR director’s complaint
The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.
Man loses appeal of suit against sheriff, jail medical staff
A man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld the grant of summary judgment in favor of the defendants.
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.
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.