Elkhart County

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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Man gets 326 months imprisonment, lifetime supervision for child pornography

December 6, 2011
Michael Hoskins
U.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.
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High court questions whether transactions are leases or security interest sales

June 21, 2011
Michael Hoskins
Examining 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.
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Bicycling barristers

April 27, 2011
Jenny Montgomery
Lawyers say fitness and networking are among the perks of traveling to the office on two wheels.
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Court rules on child support nonpayment case

February 11, 2011
Michael Hoskins
Just 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.
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Elkhart remembers two longtime attorneys

January 19, 2011
Michael Hoskins
Attorneys 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.
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County restores original service

January 19, 2011
Rebecca Berfanger
After 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.
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Justices accept one criminal case

December 28, 2010
Michael Hoskins
The Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year aggregate sentence.
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Justices split over IHSAA athlete eligibility ruling

December 20, 2010
Jennifer Nelson
Indiana’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.
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Suit challenges Bible instruction at public school

October 7, 2010
Jennifer Nelson
A 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.
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High court orders new murder trial

September 30, 2010
Jennifer Nelson
The 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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COA: Judge could raise affirmative defense on behalf of pro se defendant

September 9, 2010
Jennifer Nelson
A small-claims court may decide a case based upon the statute of limitations even if a defendant didn’t raise or mention it at trial but the issue was discussed during trial, the Indiana Court of Appeals ruled in an issue of first impression.
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Adult guardianship programs continue to operate with little funding

September 1, 2010
Rebecca Berfanger
Courts around Indiana have started their own guardianship programs based on the Lake County model program in Allen, Elkhart, Lawrence, St. Joseph, Tippecanoe, and Vanderburgh counties.
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Prosecutor in Ford Pinto case dies

June 15, 2010
IL Staff

The Elkhart County prosecutor who took on Ford Motor Co. in criminal court in Indiana died Monday morning. Michael A. Cosentino was 74.

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Governor appoints 2 city court judges

April 6, 2010
Michael HoskinsMore

Schools sue over state funding formula

February 23, 2010
Jennifer Nelson
Three Indiana school districts are suing the state over the Indiana's per-pupil school-funding formula.
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Theft case requires special prosecutor

February 27, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a man's request for the reappointment of a special prosecutor because the original basis for appointing the special prosecutor still existed even after one charge was dropped.
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ICADV honors prosecutor, magistrate judge

November 11, 2008
IL Staff
The Indiana Coalition Against Domestic Violence recently honored nine individuals, including an Elkhart County prosecutor and a Lake Circuit magistrate judge, for the positive impact they have on the lives of domestic violence victims.
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Teens share stories about juvenile justice experience

May 14, 2008
Michael Hoskins
Two Elkhart County teens say it took incarceration to teach them a lesson.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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