Elkhart County

Elkhart teens, amici seek appeal of murder convictions

October 20, 2014
Dave Stafford
The felony murder convictions of two Elkhart County teens that splintered the Court of Appeals should be heard by the Indiana Supreme Court, the defendants and amicus filers say.
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Felony murder convictions upheld in Elkhart home invasion, but sentences amended

September 12, 2014
Jennifer Nelson
The appeals of three teens involved in a daytime home invasion that turned fatal gave the Court of Appeals a chance to examine the felony murder statute and its application for juveniles.
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Goshen attorney appointed as city court judge

September 11, 2014
IL Staff
Gov. Mike Pence has named Bodie J. Stegelmann as judge in Goshen City Court. Stegelmann currently is a partner at Yoder Ainlay Ulmer & Buckingham LLP, where he practices real estate law.
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Indiana partnership aids domestic violence victims

July 29, 2014
 Associated Press
An Indiana county attorney's office and a community advocacy group have partnered in an effort to help victims of domestic violence.
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Some Indiana clerks refuse to issue same-sex marriage licenses

June 26, 2014
Dave Stafford
A federal judge’s ruling declaring Indiana’s ban on same-sex marriage unconstitutional doesn’t trump a clerk’s religious convictions in one county. Elsewhere, county clerks are being instructed that it’s up to them whether they issue licenses to gay couples.
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Professor shares music's power at detention center

June 13, 2014
 Associated Press
Musician Nayo Ulloa has been teaching kids to play instruments for years, but his newest class at the Elkhart County Juvenile Detention Center is unlike any other he has ever encountered.
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Elkhart attorney suspended for ‘lack of respect’ for clients and courts

February 26, 2014
Jennifer Nelson
The Indiana Supreme Court has suspended an Elkhart County attorney for at least two years after finding he committed numerous violations of the Indiana Professional Rules of Conduct, including throwing away client files that contained confidential information.
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Amish advocates

October 9, 2013
It is rare that members of northern Indiana’s Amish communities have a need for legal representation. When they do, they turn to a neighbor they know and trust.
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Suspect’s disheveled appearance, not GPS, led to drug discovery

October 7, 2013
Marilyn Odendahl
A suspect’s attempt to pull up his unbuckled and falling pants as he stepped from his car negated any taint on the evidence caused by local law enforcement placing a GPS on his vehicle.
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Justices: Meth arrest of man at rental storage unit violated Fourth Amendment

September 18, 2013
Dave Stafford
A man’s conviction and 45-year sentence on a meth charge cannot stand because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections, a majority of the Indiana Supreme Court ruled.
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COA rules in favor of tax sale bidder in dispute over property

June 13, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered that tax deeds be reinstated and reversed summary judgment and a decree of foreclosure in favor of a bank in a combined appeal over foreclosed property in Elkhart County.
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Aid rises for those wrongly convicted

April 24, 2013
Dave Stafford
Prosecutors and police helped clear more than half of those exonerated in 2012, according to a report by the National Registry of Exonerations.
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Appeals court tackles sex offender use of social media

March 27, 2013
Jennifer Nelson
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
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Judges dismiss state’s appeal regarding juvenile delinquency petition

March 20, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that the state has no statutory right to appeal a juvenile court’s decision to rescind an order approving the filing of a delinquency petition against a teen accused of molesting two children.
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Justices order new trial for man tried in absentia

February 19, 2013
Jennifer Nelson
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
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COA orders trial on drug charges

February 5, 2013
Jennifer Nelson
On interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.
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Bales defense: Elkhart deal was a 'scheme to help'

January 29, 2013
Cory Schouten
Facing a looming deadline to find suitable office space for the state Department of Child Services and the prospect that abused or neglected children in Elkhart County could go without services, real estate broker John M. Bales and partner Bill Spencer in 2008 dipped into their own pockets to help close a difficult lease deal, their defense attorneys contend.
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Judges uphold drug possession conviction, reverse habitual offender enhancement

January 18, 2013
Jennifer Nelson
A man who was arrested and charged with Class B felony possession of cocaine because he was within 1,000 feet of a family housing complex in Elkhart had his conviction upheld by the Indiana Court of Appeals Friday. But the judges reversed a habitual offender enhancement because the state didn’t prove that John F. Harris III had more than one dealing offense.
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COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence

January 15, 2013
Dave Stafford
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
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Justices order modification of sentence of convicted child caseworker to comply with plea agreement

December 17, 2012
Dave Stafford
A former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence modified to comport with his plea agreement, the Indiana Supreme Court ordered.
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Trial court has no authority to alter man’s conviction

August 17, 2012
Jennifer Nelson
An Elkhart Superior judge was correct in determining that he couldn’t reduce a man’s Class D felony conviction to a Class A misdemeanor a year after the original judgment was made, the Indiana Court of Appeals ruled.
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Appeals court affirms dismissal of suit against Nappanee in near-drowning

June 6, 2012
Dave Stafford
The city of Nappanee was not negligent and didn’t breach its duty of care when a 5-year-old boy required CPR after lifeguards rescued the child as he floated face-down in a city pool, the Indiana Court of Appeals ruled Wednesday.
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Appeals court upholds motion to correct error, voiding Elkhart tax deed

June 1, 2012
Dave Stafford
An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
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7th Circuit remands Section 1983, wrongful death suits

March 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered the trial court to take another look at two cases combined on appeal, which stem from the death of an inmate at the Elkhart County jail.
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COA remands parental rights case

March 8, 2012
Michael Hoskins
Finding that a trial judge and Indiana Department of Child Services didn’t follow the law before involuntarily terminating parental rights, the Indiana Court of Appeals has sent the case back to Elkhart Circuit Court.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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