South Bend

Justices seek to define ‘indisputably’ in K-9 case

January 19, 2017
Olivia Covington
After leading South Bend police officers on a five-minute vehicular chase through city streets, Royce Love eventually stopped his van and was ordered to exit it. Love’s account of what happened next varies significantly from the officers’ account, and that disparity was the main issue the justices of the Indiana Supreme Court sought to resolve when they heard arguments in the case Thursday.
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Justices to hear case of man convicted of mistreating police dog

December 12, 2016
IL Staff
The Indiana Supreme Court will decide if South Bend police officers unnecessarily deployed the use of Tasers and a police dog on a man stopped during a traffic pursuit after granting transfer in the case of a man convicted of mistreating K-9 officer.
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Ceremony honors graduates of St. Joseph County Veterans Treatment Court

November 30, 2016
Marilyn Odendahl
Six former military members graduated from the veterans court during a special ceremony Nov. 21 at the courthouse in South Bend. Judges, attorneys, relatives and other veterans watched as the group of men received certificates for completing the program and congratulatory handshakes from veterans court Judge Steven Hostetler.
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VA worker’s protective order against Marine reversed

November 22, 2016
Jennifer Nelson
A woman who worked at the Department of Veterans Affairs who obtained a protective order against a patient after he left four notes on her car didn’t prove that the Marine had stalked her and threatened her safety, the Indiana Court of Appeals ruled Tuesday.
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Felony conviction affirmed based on ‘into’ definition

November 17, 2016
Jennifer Nelson
A bullet that pierces a home’s siding is considered to be “into” the dwelling, the Indiana Court of Appeals decided Thursday in upholding a South Bend man’s criminal recklessness conviction.
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2 Notre Dame players may avoid jail for marijuana arrests

November 2, 2016
 Associated Press
Two Notre Dame football players arrested on marijuana charges may avoid jail time and criminal records after reaching plea bargains with prosecutors.
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Red Masses scheduled around Indiana

September 21, 2016
Marilyn Odendahl
Lawyers and judges around Indiana are preparing for Red Mass celebrations in their communities.
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Incoming ISBA president outlines plans to help legal profession adapt to changing marketplace

September 21, 2016
Marilyn Odendahl
Mitchell Heppenheimer’s agenda for his term at the helm is focusing on ways to help Hoosier lawyers be successful in the shifting landscape. In particular, he plans to launch a campaign to educate people on why they should turn to a lawyer for legal advice and that lawyers can be hired at reasonable prices.
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K-9 search turning up heroin in car sufficient for conviction

September 16, 2016
Dave Stafford
A South Bend man’s conviction of Level 6 felony possession of a narcotic was affirmed by the Indiana Court of Appeals Friday, which found the evidence was sufficient to support the jury’s verdict.
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Flood victims consider suing state, county and South Bend

September 9, 2016
 Associated Press
Flood victims in the South Bend area are considering filing a lawsuit against the state, county and city.
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COA reverses resisting law enforcement convictions based on video evidence

September 8, 2016
Olivia Covington
The Indiana Court of Appeals has overturned convictions of mistreatment of a law enforcement animal and resisting law enforcement after finding that law enforcement officers’ testimony in the case was in direct contrast to video evidence.
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Innocent pleas entered for 4 Notre Dame players, Redfield

August 30, 2016
 Associated Press
Not guilty pleas have been entered for two Notre Dame football players and a third kicked off the team following his arrest on misdemeanor charges of marijuana possession.
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Former Ivy Tech prof may ask 7th Circuit to rehear sexual orientation discrimination suit

August 10, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals has granted a former Ivy Tech Community College adjunct professor, who claims she was passed over for promotions based on her sexual orientation, an extension of time to file a petition for rehearing and rehearing en banc.
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7th Circuit takes detailed look at Title VII, sexual orientation claims

July 29, 2016
Jennifer Nelson
Noting the writing may be on the wall that people who bring sexual orientation discrimination claims under Title VII of the Civil Rights Act of 1964 should be protected, the 7th Circuit Court of Appeals was bound by precedent to deny a woman’s claim against Ivy Tech Community college in South Bend.
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South Bend releases diversity plan for hiring, promotions

July 19, 2016
 Associated Press
The city of South Bend has released a plan aimed at removing or reducing barriers to diversity and inclusion in hiring, career development and purchasing over the next three years. The plan will also help protect the city from future discrimination lawsuits.
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Man accused of threatening police before South Bend rally

July 11, 2016
Dave Stafford
Local and federal authorities in South Bend are seeking pre-trial detention of a man accused of making violent Facebook threats aimed at police before a peaceful Black Lives Matter rally that took place Saturday.
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Supreme Court hears arguments in threat case

June 30, 2016
Scott Roberts
The Indiana Supreme Court heard arguments Thursday morning on whether to grant transfer in a case on the question of whether an arrestee's statement could be considered a true threat because there is no evidence that the officer felt threatened by it.
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Obama commutes drug sentence of South Bend man

June 6, 2016
 Associated Press
President Barack Obama has commuted the 20-year sentence of a South Bend man imprisoned in 2004 after pleading guilty to federal drug-trafficking charges.
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Court of Appeals hears woman's appeal of feticide conviction

May 24, 2016
 Associated Press
Indiana appeals court judges grilled an attorney for the state Monday over whether there was evidence a woman found guilty of neglect and feticide in a self-induced abortion knew she had given birth to a live child.
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Indiana court to hear woman's appeal of feticide conviction

May 23, 2016
 Associated Press
Attorneys for an Indiana woman found guilty of killing the premature infant she delivered after ingesting abortion-inducing drugs will ask an appeals court Monday to throw out the convictions that led to her 20-year prison sentence.
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US: Clinic discriminated against man with HIV

April 8, 2016
 Associated Press
The U.S. Justice Department says South Bend pain management clinic will pay $20,000 to a person with HIV that it refused to treat to settle allegations of discrimination.
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South Bend council votes in favor of expanded smoking ban

March 30, 2016
 Associated Press
The South Bend Common Council has voted in favor of an expanded smoking ban, which may lead to a lawsuit if signed by the mayor.
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Appeals court rules Notre Dame police subject to APRA

March 15, 2016
Scott Roberts
The Indiana Court of Appeals ruled Tuesday the University of Notre Dame Police Department is a public agency under the Indiana Access to Public Records Act and is subject to APRA requests, overturning a trial court decision in St. Joseph Superior Court.
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ESPN makes appeal for Notre Dame police records

February 24, 2016
Dave Stafford
ESPN Inc. argued public policy, legislative intent and precedent in Indiana and other states favor a Court of Appeals order for University of Notre Dame police to release records of incidents involving student athletes.
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Some police, prosecutors back tougher cold-medicine law

December 29, 2015
 Associated Press
Some Indiana police agencies say their fight against methamphetamine production would be helped by a proposed state law change to require a doctor’s prescription for a common cold medicine that is used to make the illegal drug.
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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