St. Joseph County - The Indiana Lawyer

Special prosecutor: Probe of black man’s shooting won’t be rushed

July 9, 2019

The special prosecutor who’s investigating a white police officer’s fatal shooting of a black man in the Indiana city where Democratic presidential candidate Pete Buttigieg is mayor said Tuesday that his probe won’t be rushed and will take “as long as it takes.” A St. Joseph County judge named Ripley County Prosecutor Richard Hertel last week to oversee the investigation into South Bend Sgt. Ryan O'Neill's June 16 shooting of Eric Logan.

Cass County prosecutor elected to lead IPAC board

June 28, 2019

A new chair has been chosen to lead the Indiana Prosecuting Attorneys Council’s Board of Directors following an election that took place last week.

Landlord can’t obtain attorney fees from security deposit, COA rules

June 25, 2019

A South Bend landlord is not entitled to double recovery or attorney’s fees from a former tenant’s security deposit, an appellate panel ruled Tuesday. The landlord had taken hundreds from the woman’s deposit to cover its legal fees in a suit it filed against her.

Burglary conviction stands against cross-examination appeal

June 19, 2019

The burglary conviction of a South Bend man who broke into his brother-in-law’s bar where he once had worked and wrote out a check to a third party was affirmed Wednesday. The burglar argued on appeal that he had wrongly been denied an opportunity to cross-examine the third party about his criminal past.

After shooting, Buttigieg says South Bend police must activate cameras

June 19, 2019

Back home from the Democratic presidential campaign trail, South Bend Mayor Pete Buttigieg is telling officers after a fatal police shooting that they must activate their body cameras during any interaction with civilians.

Appellate panel considers med-mal claim in wrongful death suit

June 14, 2019

An appellate panel considered Wednesday whether a healthcare facility employee’s act of kicking a resident, resulting in his death, could be shielded from liability under the Indiana Medical Malpractice Act.

COA to hear wrongful death appeal at Indy community center

June 10, 2019

Whether claims from a deceased man’s estate allege facts that fall under Indiana’s Medical Malpractice Act after he died from a leg injury will be argued during an Appeals on Wheels oral argument Wednesday at the Indianapolis Jewish Community Center.

Suit: Indiana’s absentee voter verification system unconstitutional

May 16, 2019

Common Cause Indiana and a group of registered voters in St. Joseph County are challenging the process Indiana uses to validate absentee ballots, calling it constitutionally flawed and asking a federal court to prohibit the state from rejecting absentee ballots based solely on perceived signature mismatches.

Robert Miller Sr. leaves legacy of love for law and community

April 30, 2019

Judge Robert L. Miller Sr., who established a distinguished career in the law and then devoted his skills and passion to advocating and championing military veterans, died peacefully at his South Bend home April 27. He was 98.

South Bend murder suspect convicted after dying in jail

March 28, 2019

A judge has convicted a man who died in jail after he pleaded guilty to murder in the 1988 beating death of a pregnant South Bend woman.

Lawsuit: St. Joseph County sheriff’s office negligent in inmate death

March 25, 2019

A federal lawsuit accuses a northern Indiana sheriff’s department of negligence after an inmate who allegedly was suffering from drug withdrawal symptoms killed himself.

Appeals court allows class action against Mishawaka car dealer to continue

March 6, 2019

A Mishawaka car dealership failed to convince the Indiana Court of Appeals that it was wrongly denied its motion to dismiss a class action complaint from several angry customers after the panel found general allegations of uncured and incurable acts against the dealership were enough for dismissal.

Boy, 11, charged after shooting state-trooper dad

March 5, 2019

Authorities say an 11-year-old Indiana boy who shot and wounded his state-trooper father has been charged as a juvenile with attempted murder. St. Joseph County prosecutors have filed a petition alleging delinquency for attempted murder, the juvenile equivalent of a criminal charge.

Dialysis facility’s breach of contract claims pre-empted

March 4, 2019

A medical facility that provided regular, life-sustaining dialysis treatments lost its appeal seeking to recover more than $1.5 million from its patients’ benefit plans when the Indiana Court of Appeals found the facility’s claims were pre-empted by the Employee Retirement Income Security Act.

Tenure requirement waived to certify St. Joseph senior judge

February 12, 2019

The Indiana Judicial Nominating Commission has waived certain criteria in the certification of a new senior judge, finding ‘exceptional circumstances’ existed to warrant the waiver.

Man pleads guilty to 2 murder counts in 1998 triple-murder

February 11, 2019

A northern Indiana man has pleaded guilty to two counts of murder on the same day jury selection was set to begin in his third trial in a triple-murder case.

Indiana man who withheld HIV status pleads guilty again

February 5, 2019

A northern Indiana man has pleaded guilty in a third county to having sex with women and not telling them he was HIV-positive. Travis Spoor, 39, of Silver Lake, pleaded guilty Monday in St. Joseph County to malicious mischief.

Man loses appeal of murder conviction in slaying of openly gay veteran

February 4, 2019

A northern Indiana man convicted of beating a gay Afghanistan war veteran to death lost his appeal of his conviction and sentence Monday when the Indiana Court of Appeals found that a delay in the production of cellphone records did not prevent the man from receiving a fair trial.

Former car dealer ordered to pay $140K for deceptive acts

January 31, 2019

The former owner of a Mishawaka used car dealership has been ordered to pay about $140,000 for alleged deception, including failing to deliver vehicle titles to customers.

COA: No double jeopardy violations in fatal flight from police

January 24, 2019

A South Bend motorist who fled police, ran a red light and hit another vehicle, killing the driver, was unable to convince the Indiana Court of Appeals that his convictions violate double jeopardy.

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