Miami County

Counties in central Indiana address jail overcrowding

December 14, 2015
 Associated Press
Three central Indiana counties have been working over the past five years to address jail overcrowding by building or upgrading facilities.
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Fugitive former Indiana surgeon caught in Arizona

May 1, 2015
 Associated Press
Authorities say a fugitive former surgeon convicted of stalking his ex-wife in Indiana has been caught in Arizona.
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Trial of surgeon in murder plot may be moved

October 31, 2014
 Associated Press
A northern Indiana surgeon accused of plotting to kill his ex-wife and make it look like suicide could get a change of venue for his upcoming trial.
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Judges reverse woman’s resisting law enforcement conviction

May 22, 2014
Jennifer Nelson
Opening a police officer’s car door and refusing to place one’s feet inside the car are not acts constituting forcible resistance, the Indiana Court of Appeals ruled Thursday. The judges reversed a Miami County woman’s conviction of resisting law enforcement.
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Firing of officer who stunned nursing home patient was supported by evidence

September 3, 2013
Dave Stafford
A police chief and city review board were within their rights to terminate the employment of an officer who repeatedly used a Taser on a 64-year-old nursing home patient. An appellate panel Monday reversed a trial court order that had thrown out the officer’s firing.
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COA: Successive Prosecution Statute not applicable to theft case

May 2, 2013
Jennifer Nelson
A Howard Superior judge properly refused to dismiss theft charges against a man because, despite the defendant’s arguments to the contrary, the Howard County charges were not previously prosecuted in Miami County.
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Miami Circuit Judge Robert Spahr dies

September 5, 2012
IL Staff
Miami Circuit Judge Robert A. Spahr, 66, died Monday at his residence after a brief battle with cancer.
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Judges reduce award of damages to fired school employee

June 18, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that a fired bus driver and custodian for Peru Community Schools is entitled to damages for wrongful termination, but not the $175,000 a jury awarded him.
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COA upholds $12 garnishment

July 13, 2011
Jennifer Nelson
A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.
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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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COA extends judicial immunity to arbitrators

August 3, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their sponsors.
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Court rules on sex offender status decisions

May 17, 2010
Michael Hoskins
Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,” the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry and how convicts’ names are removed.
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Report issued in UPL claim on trust mill case

July 15, 2009
Michael Hoskins
The Indiana Supreme Court has never determined whether the money spent during the prosecution of an Unauthorized Practice of Law claim fits into the "costs and expenses incurred by such a hearing" category, which means that a losing party pays under Administrative Disciplinary Rule 24.
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Commission admonishes Miami Superior judge

January 20, 2009
Jennifer Nelson
A Miami Superior judge received a public admonition today from the Indiana Commission on Judicial Qualifications for granting an ex parte petition in a child custody case. The commission also noted it has repeatedly addressed this type of violation for years.
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Gov. names judge to new Miami Superior Court

December 2, 2008
IL Staff
Miami Superior Judge Daniel C. Banina has been appointed by Gov. Mitch Daniels as judge of the newly created Miami Superior Court II. Judge Banina will become judge of the new court Jan. 1.
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  1. 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.

  2. 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?

  3. 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

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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