Elkhart County
COA rules in favor of tax sale bidder in dispute over property
June 13, 2013
Jennifer NelsonThe 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.
MoreAid rises for those wrongly convicted
April 24, 2013
Dave StaffordProsecutors and police helped clear more than half of those exonerated in 2012, according to a report by the National Registry
of Exonerations.
MoreAppeals court tackles sex offender use of social media
March 27, 2013
Jennifer NelsonTwo 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.
MoreJudges dismiss state’s appeal regarding juvenile delinquency petition
March 20, 2013
Jennifer NelsonThe 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.
MoreJustices order new trial for man tried in absentia
February 19, 2013
Jennifer NelsonA 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.
MoreCOA orders trial on drug charges
February 5, 2013
Jennifer NelsonOn 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.
MoreBales defense: Elkhart deal was a 'scheme to help'
January 29, 2013
Cory SchoutenFacing 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.
MoreJudges uphold drug possession conviction, reverse habitual offender enhancement
January 18, 2013
Jennifer NelsonA 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.
MoreCOA: ‘Appalling character’ of deadbeat dad merits 10-year sentence
January 15, 2013
Dave StaffordAn 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.
MoreJustices order modification of sentence of convicted child caseworker to comply with plea agreement
December 17, 2012
Dave StaffordA 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.
MoreTrial court has no authority to alter man’s conviction
August 17, 2012
Jennifer NelsonAn 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.
MoreAppeals court affirms dismissal of suit against Nappanee in near-drowning
June 6, 2012
Dave StaffordThe 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.
MoreAppeals court upholds motion to correct error, voiding Elkhart tax deed
June 1, 2012
Dave StaffordAn 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.
More7th Circuit remands Section 1983, wrongful death suits
March 20, 2012
Jennifer NelsonThe 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.
MoreCOA remands parental rights case
March 8, 2012
Michael HoskinsFinding 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.
MoreMan gets 326 months imprisonment, lifetime supervision for child pornography
December 6, 2011
Michael HoskinsU.S. Judge Robert Miller Jr. sentenced an Elkhart man to 326 months in prison and a lifetime of supervised release after his
guilty plea to sexually exploiting children.
MoreHigh court questions whether transactions are leases or security interest sales
June 21, 2011
Michael HoskinsExamining whether a transaction between two businesses is a lease or a sale subject to security interest, the Indiana Supreme
Court has adopted an approach used in Colorado. The court held that various factors, such as the economy, must be considered
in each situation to decide that question.
MoreBicycling barristers
April 27, 2011
Jenny MontgomeryLawyers say fitness and networking are among the perks of traveling to the office on two wheels.
MoreCourt rules on child support nonpayment case
February 11, 2011
Michael HoskinsJust because someone doesn’t pay child support for more than one son or daughter doesn’t mean the person can be
charged more than once for that criminal nonpayment if there’s only one support order issued.
MoreElkhart remembers two longtime attorneys
January 19, 2011
Michael HoskinsAttorneys in northern Indiana are remembering two in the legal profession who died within a day of each other, including a
longtime public defender who many say was one of the best in the state.
MoreCounty restores original service
January 19, 2011
Rebecca BerfangerAfter the Indiana Department of Corrections switched in the summer of 2010 from one victims’ notification service to
another as a cost-saving measure, one northern Indiana county has restored its program with the previous service provider.
MoreJustices accept one criminal case
December 28, 2010
Michael HoskinsThe Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year
aggregate sentence.
MoreJustices split over IHSAA athlete eligibility ruling
December 20, 2010
Jennifer NelsonIndiana’s justices couldn’t agree on whether they should even rule on a case involving an athlete’s eligibility
in high school when the girl is now playing college basketball.
MoreSuit challenges Bible instruction at public school
October 7, 2010
Jennifer NelsonA mother’s objection to Bible study being taught at her son’s public school has led her to file a lawsuit to stop
the religious teaching.
MoreHigh court orders new murder trial
September 30, 2010
Jennifer NelsonThe Indiana Supreme Court overturned a Fulton County man’s murder sentence because a detective continued with the interview
even after the man invoked his right to counsel several times.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.