Articles

Divided ruling: Felony reduced to misdemeanor means longer expungement wait

The Indiana Court of Appeals on Friday asked the Indiana General Assembly for guidance as it sharply divided over whether minor felonies reduced to misdemeanor convictions should trigger new five-year waiting periods for people seeking to expunge their criminal records. The majority ruled they should, a result the dissenting judge called “unjust and ill-advised.”

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Elkhart man revives efforts for new trial in 2002 murder

A mentally disabled man serving a 55-year prison sentence for an Elkhart murder 17 years ago that he maintains he did not commit is reviving his efforts for post-conviction relief, presenting new evidence in a petition he claims exonerates him.

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Pilot commercial courts to become permanent

Indiana’s pilot commercial courts will become a permanent part of the Hoosier judiciary next month. The six specialized dockets around the state will remain where they are, with some rule amendments.

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Officials investigate death of inmate at Elkhart County Jail

Authorities say a 51-year-old man who was under medical care at a northern Indiana jail has died after being found unresponsive in his cell. The Elkhart County Sheriff’s Department says Brian Banister was being treated for an illness while being held on a preliminary charge of operating a vehicle while intoxicated and resisting law enforcement.

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Elkhart man wins wage dispute, but judge awards just $35

A northern Indiana man who sought wages for lunch breaks he didn’t take has won his claim, although a judge awarded him just $35. Joe Lehman was seeking $3,543 he said Thor Industries’ Postle Aluminum division owed him for lunch breaks he didn’t take while working as a truck driver for about a year and a half, but an Elkhart County magistrate granted him a judgment of only $35, plus $125 in court costs.

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Elkhart officers on unpaid leave after handcuffed man beaten

Two Indiana police officers who were caught on video repeatedly punching a handcuffed man have been placed on unpaid administrative leave. Members of the Elkhart Board of Public Safety agreed Monday to place Cory Newland and Joshua Titus on unpaid administrative leave.

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Goshen officer won’t face charges for shooting motorist

A northern Indiana police officer won’t face charges for shooting a motorist at the end of a chase. Elkhart County Prosecutor Vicki Becker said a grand jury convened Wednesday to evaluate the Jan. 9 shooting of Joshua Perry in Goshen declined to return an indictment.

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