Prosecutors - The Indiana Lawyer

Prosecutor in Vincennes fighting discipline over role in police sex investigation

January 30, 2020 | Dave Stafford

The elected prosecutor of Knox County in southwestern Indiana faces an attorney discipline case related to his conduct stemming from a local police investigation into his former deputy prosecutor’s relationship with a woman who was serving time on drug charges. An attorney for the prosecutor, however, is contesting the discipline case and says the prosecutor is the victim of a vendetta born of the small-town rumor mill.

Misdemeanor summonses, small claims filing limit bills pass House

January 30, 2020 | Olivia Covington

Bills that would allow for summonses to appear instead of arrests in misdemeanor cases and that would raise the small claims filing limit statewide have passed the Indiana House of Representatives.

Ex-deputy prosecutor who retaliated against detective suspended

January 29, 2020 | Katie Stancombe

A former Knox County chief deputy prosecutor has been suspended from the practice of law for abusing his prosecutorial authority as part of a retaliation campaign against a detective who discovered his sexual relationship with a criminal defendant. The elected Knox County prosecutor also faces a related disciplinary case, according to the Indiana Supreme Court.

‘Social justice prosecuting’ bill advances despite widespread opposition

January 28, 2020 | Olivia Covington

Despite unanimous opposition from nearly all of the organizations and individuals who testified, a bill that would allow the attorney general to appoint a special prosecutor over certain cases that a local prosecutor declines to prosecute has advanced out of an Indiana Senate committee.

Indiana casino approval delayed while state probes former Centaur execs

January 24, 2020 | Lindsey Erdody and Indianapolis Business Journal Staff and Associated Press

The Indiana Gaming Commission confirmed Friday that it is postponing approval of a new Indiana casino while it investigates allegations that top executives at former Indianapolis racino business Centaur Gaming were involved in directing illegal campaign contributions to an Indiana congressional candidate in 2015.

Bill to allow summonses, not arrests, for misdemeanors advances

January 23, 2020 | Olivia Covington

A bill that proponents say would show legislative leadership in efforts to end jail overcrowding by issuing summonses to appear to misdemeanor defendants has advanced out of an Indiana House committee.

Senate Democrats push end to jail for minor marijuana possession

January 23, 2020 | Katie Stancombe

No more jail time. That’s what some Indiana Senate Democrats repeatedly said Thursday as they advocated for legislation aimed at limiting the number of individuals arrested for possession of marijuana. The bills, however, may not get a hearing in the Indiana General Assembly this year.

Former Carmel insurance firm employee charged with embezzling $2.1M

January 20, 2020

A former employee of Carmel-based Seven Corners Inc. has been indicted on a wire fraud charge for what prosecutors describe as a multiyear scheme that embezzled $2.1 million from the travel insurance company.

Bill revamps advisory group for Indiana criminal justice reform

January 16, 2020 | Marilyn Odendahl

A bill that would remake a key component of Indiana’s criminal code overhaul sailed through the House of Representatives on Tuesday with the author saying the measure will improve the efficiency of “one of the best things” that was included in the reform of the state’s criminal and sentencing statutes.

Special prosecutor sought in attack after bus fatality sentence

January 13, 2020 | Associated Press

A special prosecutor should be appointed to determine whether a northern Indiana woman will be charged in an attack on a woman who had just been sentenced in a crash that killed her three children at a school bus stop, county prosecutors said. Fulton County prosecutors asked a judge in a filing Thursday to appoint a special prosecutor, saying they cannot be unbiased in deciding whether Brittany Ingle should be charged in the Dec. 18 attack on Alyssa Shepherd.

Prosecutor recommends probation for teen’s hoax SWAT calls

January 9, 2020 | Associated Press

A 17-year-old boy who admitted in an Ohio court to making hoax phone calls to authorities in a half-dozen states, including Indiana, should receive a one-year sentence with credit for time served, a prosecutor said.

Good faith effort: Marion County creates program for parents who lose licenses over child support

January 8, 2020 | Olivia Covington

The Marion County Prosecutor’s Office launched a temporary program last month designed to help delinquent parents get their licenses back while also ensuring they meet their child support obligations. Scores of parents since have had their driving privileges restored while getting back on the right road with their support payments.

Risk assessments for booked inmates take effect statewide

January 8, 2020 | Associated Press and IL Staff

A new Indiana rule requiring that booked inmates be assessed to determine risks or benefits of releasing them before trial is expected to eventually reduce overcrowding at the state’s county jails, criminal justice officials say.

Jeffersonville man incompetent again for trial in gruesome killing

January 7, 2020 | Associated Press

A southern Indiana man accused of killing his ex-girlfriend and eating parts of her body has once again been found incompetent to stand trial in the 2014 slaying, months after his first trial ended in a mistrial. An agreement between Joseph Oberhansley’s defense attorneys and Clark County prosecutors stipulates that he is to be transported to a state hospital for competency restoration, based on two evaluations filed in December by psychiatrists.

Fearnow, Modisett sign lawyers letter refuting McConnell on impeachment trial

January 7, 2020 | IL Staff

Two prominent Hoosiers have joined hundreds of attorneys who signed a letter condemning Republican Senate Majority Leader Mitch McConnell’s handling of a possible impeachment trial of President Donald Trump.

New pretrial release rule adds risk assessments for booked inmates

January 6, 2020 | Associated Press and IL Staff

A new Indiana rule requiring that booked inmates be assessed to determine risks or benefits of releasing them before trial is expected to eventually reduce overcrowding at the state’s county jails, criminal justice officials say. Criminal Rule 26, which set Indiana’s new pretrial release protocols, was adopted by the Indiana Supreme Court in 2017, but it didn’t take effect statewide until Jan. 1.

Tippecanoe Co. prosecutor to lead prosecutors’ association

January 3, 2020 | IL Staff

Tippecanoe County Prosecutor Patrick Harrington will serve as president of the Association of Indiana Prosecuting Attorneys Inc. in 2020 following his recent election to the post.

No charges against ex-senator over Indiana lobbying contract

January 3, 2020 | Associated Press

Prosecutors have decided a former Indiana state senator won’t face criminal charges over possible violations of state lobbying laws involving his work with the state’s Department of Veterans Affairs.

Former DCS worker seeking dismissal of criminal case

January 3, 2020 | Marilyn Odendahl

The former DCS worker facing criminal charges is scheduled to be in Madison Circuit Court Friday, arguing the indictment against him should be dismissed because not only are the allegations too vague to comply with state law and constitutional guarantees, but also because he is protected by immunity.

Civil forfeiture amendments don’t defeat prior forfeiture action, COA says

December 27, 2019 | Olivia Covington

Legislative amendments to Indiana’s much-debated civil forfeiture scheme did not defeat a pre-existing forfeiture action in state court, the Indiana Court of Appeals ruled Friday, finding the amendments did not constitute an ex post facto law.

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