Delaware County

See who's been suspended by the Indiana Supreme Court.

ACLU of Indiana claims ordinances on door-to-door canvassing violate First Amendment

March 14, 2013

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

January 15, 2013

Dave Stafford

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.

Disciplinary Actions

Disciplinary Actions - 12/21/12

December 19, 2012

Read who's been suspended by the Indiana Supreme Court.

COA divided over dismissing fired HR director’s complaint

November 28, 2012

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

November 20, 2012

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

September 11, 2012

Dave Stafford

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

August 8, 2012

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

December 22, 2011

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

December 12, 2011

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

October 26, 2011

Workplace Internet policies go up against free speech concerns.

Ex-prosecutor gets 4-month suspension

June 16, 2011

Jenny Montgomery

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

June 1, 2011

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

March 1, 2011

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.

Legal News

Politics pivotal in legal world

December 22, 2010

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.

Rehearing

Agency wants one-year suspension

November 10, 2010

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

October 13, 2010

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

October 4, 2010

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

September 9, 2010

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

August 23, 2010

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

August 5, 2010

The Indiana Judicial Nominating Commission and Indiana Commission on Judicial Qualifications are looking for a new attorney member.

In-House Counsel

Lawyer enjoys representing the creator of the world's most famous cartoon cat

August 4, 2010

Rebecca Berfanger

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

July 23, 2010

Elizabeth Brockett

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.

Delaware County's first public defender dies

February 10, 2010

A former Delaware County Circuit judge and the first public defender in that county died Monday.

Prosecutor files answer to disciplinary charges

February 10, 2010

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.