Holcomb appoints judge to succeed Lund on Elkhart Superior bench
Gov. Eric Holcomb has appointed Elizabeth A. Bellin to serve as judge in Elkhart Superior Court 4.
Elkhart County
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‘One legal community’: Attorneys, judges look forward to new consolidated courts campus in Elkhart County
Currently, there are two courthouses in Elkhart County, 11 miles apart. After careful planning and much due diligence, what is now two will soon become one.
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Home again: Elkhart man released after 15 years in prison, but case likely isn’t over
Andrew Royer has been granted a new trial after a special judge determined his 2005 trial was tainted by false evidence and coercive investigative techniques that exploited his mental disability. But the possibility of a retrial remains.
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Articles
Indiana Supreme Court issues suspension order, probation terms for former Elkhart County deputy prosecutor
The Indiana Supreme Court has suspended former Elkhart County deputy prosecutor Benjamin Mattingly as part of a conditional disciplinary order.
Elkhart County man not required to register as sex offender upon return to state, COA rules in reversal
An Elkhart County man does not have to register as a sex offender for a crime that doesn’t fall under Indiana’s registration requirement just because he registered for it in Virginia, the Court of Appeals of Indiana ruled in a Friday reversal.
Judge pro tem appointed to fill Lund vacancy on Elkhart Superior Court
A judge pro tempore has been appointed to the Elkhart Superior Court after the previous judge was confirmed to the federal bench.
After Lund’s confirmation, governor accepting applications for replacement on Elkhart Superior Court
With former Elkhart Superior Judge Gretchen S. Lund’s recent confirmation as a federal judge, the state is now looking to fill her position in Elkhart County.
Appellate court upholds murder conviction despite defendant’s competency, evidentiary arguments
A man convicted of murder failed to convince the Court of Appeals of Indiana that the absence of a full competency hearing and the admission of certain evidence undermined his conviction.
Split COA affirms denial of PCR to woman with intellectual disabilities convicted of child molesting
A woman with intellectual disabilities whose sentence for child molesting was already cut in half failed in her bid to convince the Court of Appeals of Indiana that she was entitled to post-conviction relief.
Elkhart, former law enforcement officers to pay $11.7M to settle Royer wrongful conviction case
The city of Elkhart and several former law enforcement officers have agreed to pay $11,725,000 to settle a wrongful conviction lawsuit filed by a man with an intellectual disability who was exonerated from a murder conviction after nearly 17 years in prison.
COA affirms denial of juvenile’s motion for relief from child molesting adjudications
A trial court properly denied a juvenile’s motion for relief from judgment on two delinquencies adjudications that he admitted to, the Court of Appeals of Indiana has affirmed.
COA rejects 4th Amendment arguments but finds insufficient evidence to support marijuana conviction
A man convicted of drug charges could not convince the Court of Appeals of Indiana that meth-related evidence was improperly admitted at his trial, but he did prevail on his argument that there was insufficient evidence to support a marijuana conviction.
Pretrial release, 7 years in: State data still coming, but counties showing improvement
It’s been seven years since the Indiana Supreme Court issued its order adopting Criminal Rule 26, a mandate that set out to improve pretrial release practices across the state.
COA reverses drug convictions because arresting officer wasn’t in ‘distinctive’ uniform
The Court of Appeals of Indiana has ordered the reversal of a man’s drug-related convictions after determining that the officer who arrested him was not wearing a “distinctive” uniform, making the underlying traffic stop invalid.
COA again declines to order recusal of Elkhart Co. judge in post-conviction proceedings
The Court of Appeals of Indiana has once again declined to order an Elkhart County judge to recuse herself from a post-conviction case based on allegations of prejudice stemming from previous wrongful-conviction proceedings.
COA affirms, reverses trial courts’ judgments on what can be submitted to medical review panels
Plaintiffs claiming they were injured by steroid injections are not entitled to summary judgment on their state or federal prescription-law claims, the Court of Appeals of Indiana has ruled.
Man failed to show statutory requirements for expungement of DCS records that proved juvenile child molesting allegations, COA affirms
Indiana law didn’t back up a man’s contention that a trial court should expunge Indiana Department of Child Services records substantiating his molestation of his sisters, the Court of Appeals of Indiana affirmed Wednesday.
Man’s argument that judge in PCR case will be biased falls short, COA affirms
A man whose motions to change the judge in his post-conviction relief case have been denied failed to demonstrate the judge would be biased against him, the Court of Appeals of Indiana has ruled in affirming a lower court’s decision.
Amish men who told woman to rescind protective order against husband lose appeal of intimidation convictions
The convictions of three men in an Amish community on misdemeanor intimidation charges were not barred by the church autonomy doctrine and were supported by sufficient evidence, the Court of Appeals of Indiana affirmed Thursday.
Attorneys hard to find for prosecutor, public defender openings: Shortage of public attorneys leaves offices scrambling to manage caseloads
At the Elkhart County Prosecutor’s Office, full workforce capacity would consist of a staff of 29 deputy prosecutors, a chief deputy prosecutor and Vicki Becker, the county’s prosecuting attorney. Becker said her office currently has 18 attorneys.
Elkhart Co. dismissed from federal lawsuit filed by wrongfully convicted man with mental disabilities
Elkhart County has secured dismissal from a civil rights lawsuit filed by a man with severe mental disabilities whose murder conviction was vacated after nearly 17 years in prison.
Elkhart man gets 95 years in slaying where body was burned
A northern Indiana man convicted in a fatal shooting where the victim’s body was later driven to Michigan and burned has been sentenced to 95 years in prison.