St. Joseph County

Appellate court says paved asphalt can be a ‘deadly weapon’

June 23, 2017
Olivia Covington
Determining that the paved surface of a parking lot can be considered a “deadly weapon” in the context of certain cases, the Indiana Court of Appeals on Friday affirmed a man’s conviction for felony battery.
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Treble damages upheld in stepmother’s conversion of safe deposit box funds

June 20, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a determination that a northern Indiana woman illegally converted the funds in the safe deposit box her husband shared with his adult children and that the children are entitled to treble damages.
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Notre Dame law clinic employee accused of embezzlement

May 30, 2017
IL Staff

An employee of the Notre Dame Clinical Law Center has been charged with 11 felony counts relating to what the St. Joseph County Prosecutor’s Office says is a seven-year-long racketeering scheme in which the university found more than $199,000 was stolen.

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Indiana prosecutors to retry man in 1998 triple-killing

May 23, 2017
 Associated Press
A northern Indiana prosecutor plans to retry a man in a triple-slaying case now that the U.S. Supreme Court has opted not to hear the state’s appeal of a ruling that threw out his second conviction and death sentence.
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Indiana jury awards couple $744,000 for son's shoulder surgery

May 22, 2017
 Associated Press
A northern Indiana jury has awarded $744,000 to a couple who claimed a now-deceased doctor performed unnecessary surgery on their teenage son.
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COA to hear legal malpractice appeal

May 12, 2017
IL Staff
A woman who lost her legal malpractice case against a law firm she said failed to timely bring negligence and wrongful death claims against the St. Joseph County Prosecutor’s office will have her day before the Indiana Court of Appeals next week.
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Justices uphold St. Joseph County foreclosure

March 14, 2017
Olivia Covington
The Indiana Supreme Court has ruled in favor of a mortgage company that foreclosed on a St. Joseph County couple’s home, holding that although the couple’s personal liability was discharged under Chapter 7 liquidation, the lien on the property was still an enforceable action.
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COA allows accountant malpractice claim to continue

March 8, 2017
Olivia Covington
The Indiana Court of Appeals has allowed an accountant malpractice claim to continue after holding that the economic loss rule and provisions with a contract do not bar a tort complaint.
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Robing ceremony planned for former senator elected to St. Joseph bench

February 22, 2017
IL Staff
A former Indiana senator who was recently elected to St. Joseph Circuit Court will be honored this week.
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Father sentenced for death of South Bend 4-month-old girl

February 20, 2017
 Associated Press
A judge in South Bend has sentenced a 22-year-old man to 30 years in prison for the 2014 death of his 4-month-old daughter.
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Justices grant relief to man who maintained innocence

January 26, 2017
Olivia Covington
The justices of the Indiana Supreme Court have reversed the denial of post-conviction relief to a man convicted of attempted murder and attempted burglary, holding that because the man maintained his innocence even as he pleaded guilty, the trial court erroneously denied his relief.
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Assessor waived objection to untimely filing of record

January 3, 2017
Jennifer Nelson
The Indiana Tax Court on Friday determined that a northern Indiana assessor’s office waived its objection to a late-filed certified administrative record in a tax appeal, ruling that an objection must be made before the merits of a case have been furthered.
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Amid chaos, protective order court aims for calm

December 28, 2016
Marilyn Odendahl
The St. Joseph County venue handles the fallout from broken and abusive relationships.
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COA: Clinics that gave tainted steroid must face suit

November 7, 2016
Olivia Covington
After a widespread fungal meningitis outbreak killed nearly a dozen Hoosiers, the Indiana Court of Appeals decided Monday that the providers who injected the injured parties with a contaminated steroid that was purchased from a third party can be found to be negligent under the Indiana Medical Malpractice Act.
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COA orders better findings of fact in parental rights case

October 6, 2016
Olivia Covington
The Indiana Court of Appeals rejected Thursday a trial court order terminating a St. Joseph County woman’s parental rights to her daughter and instead ordered the trial court to present more specific findings of fact to support the termination.
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Prosecutor weighs retrial in Indiana triple-murder case

September 27, 2016
 Associated Press
A northern Indiana prosecutor plans to speak to relatives of three people slain in 1998 and review evidence before deciding if he'll retry a man whose second triple-murder conviction was thrown out last week, his office said Monday.
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Bail reforms encourage risk assessments in pretrial release decisions

September 7, 2016
IL Staff
As part of an effort to reform the state’s bail system and reduce recidivism rates, the Indiana Supreme Court has adopted a new criminal rule to encourage the prompt release of arrestees who do not pose a significant threat to public safety.
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Patel leaves prison after feticide conviction overturned

September 1, 2016
 Associated Press
An Indiana woman whose feticide conviction for a self-induced abortion was overturned has been released from prison after a judge said she should be freed immediately.
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Patel to be released from prison after resentencing on lesser charge

August 31, 2016
IL Staff
The Granger woman whose feticide conviction was overturned by the Indiana Court of Appeals last month is now a free woman.
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Patel decision restricts feticide prosecutions

August 10, 2016
Dave Stafford
The Indiana Court of Appeals holds the Legislature didn’t intend feticide charges for pregnant women.
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Boyfriend gets 55 years for killing woman as kids watched

July 26, 2016
 Associated Press
A judge has sentenced a northern Indiana man to 55 years in prison for fatally shooting his girlfriend as her three children watched.
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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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Pence picks Taft attorney as next Supreme Court justice

May 9, 2016
IL Staff
Gov. Mike Pence has selected Taft Stettinius & Hollister LLP partner Geoffrey Slaughter as Indiana's 109th justice. Pence made the announcement at 1 p.m. Monday from his office in the Statehouse.
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St. Joe Circuit judge named as new federal magistrate

April 27, 2016
IL Staff
St. Joseph Circuit Judge Michael G. Gotsch is moving from one court to another this year. The judge, who decided not to run for re-election, has been selected to serve as a magistrate judge in the U.S. District Court for the Northern District of Indiana.
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Judge accepts 3rd plea deal in Granger party overdose case

April 14, 2016
 Associated Press
A South Bend judge has accepted a third plea agreement for a teenager accused of bringing drugs to a party that two brothers attended before dying of overdoses.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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