Delaware County

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

March 14, 2013
Jennifer Nelson
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.
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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.
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Disciplinary Actions - 12/21/12

December 19, 2012
IL Staff
Read who's been suspended by the Indiana Supreme Court.
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COA divided over dismissing fired HR director’s complaint

November 28, 2012
Jennifer Nelson
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.
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Man loses appeal of suit against sheriff, jail medical staff

November 20, 2012
Jennifer Nelson
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.
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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.
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Attorney can’t recast untimely 4th Amendment claim against prosecutor

August 8, 2012
Jennifer Nelson
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.
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Judge upholds Delaware County smoking ban

December 22, 2011
Jennifer Nelson
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.
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District judge and state senator to receive honorary BSU degrees

December 12, 2011
IL Staff
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.
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Courts limiting workers' online conduct

October 26, 2011
Michael Hoskins
Workplace Internet policies go up against free speech concerns.
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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).
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Judges affirm recommitment to DOC

June 1, 2011
Jennifer Nelson
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.
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COA adopts common-sense rule on providing insurance policies

March 1, 2011
Michael Hoskins
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.
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Politics pivotal in legal world

December 22, 2010
Michael Hoskins
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.
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Agency wants one-year suspension

November 10, 2010
Michael Hoskins
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.
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Discipline case poses questions on recusals, separation of powers

October 13, 2010
Michael Hoskins
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.
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Hearing officer: prosecutor should get public reprimand

October 4, 2010
Michael Hoskins
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.
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Justices rule against POA on joint-account funds issue

September 9, 2010
Jennifer Nelson
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.
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Judge sues prosecutor for intimidation, retribution

August 23, 2010
Jennifer Nelson
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.
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Election for judicial commissions member this fall

August 5, 2010
IL Staff
The Indiana Judicial Nominating Commission and Indiana Commission on Judicial Qualifications are looking for a new attorney member.
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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.
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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.
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Delaware County's first public defender dies

February 10, 2010
IL Staff
A former Delaware County Circuit judge and the first public defender in that county died Monday.
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Prosecutor files answer to disciplinary charges

February 10, 2010
Jennifer Nelson
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.
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Court commissioner publicly admonished

January 26, 2010
Jennifer NelsonMore
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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