VALPARAISO — A Kouts man who began molesting two younger boys when they were all juveniles, then harassed the boys through phone and text messages while he was in training at Great Lakes Naval, was sentenced Monday.
All posts by Chris Buckley
BMV policy change case gets transfer
Indiana Lawyer Article
The Indiana Supreme Court has agreed to hear the case challenging the state’s Bureau of Motor Vehicle’s invalidation of licenses or identification cards only on the basis of mismatched records. The high court granted transfer Oct. 29 to Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49S02-0910-CV-505.
Lawyer attacks state representative
The lawyer accused of attacking attorney and state representative Edward DeLaney faces five counts, including attempted murder.
Augustus J. Mendenhall, 38, of Indianapolis, faces charges of attempted murder, a Class A felony; armed robbery, aggravated battery, and criminal confinement, all Class B felonies; and resisting law enforcement, a Class A misdemeanor.
The charges stem from the attack on DeLaney, D-Indianapolis, in Carmel Saturday morning. According to the Carmel Police Department, a witness called police after seeing DeLaney and Mendenhall in a car. The witness, who knew DeLaney, believed he may be in trouble based on his behavior.
The meeting was arranged by Mendenhall, who contacted DeLaney about meeting at Catherine Drive in Carmel to discuss the possible purchase of property near that location. At the time, DeLaney was unsure about who he was meeting, according to police.
When police arrived, they found Mendenhall on top of DeLaney, punching him in the head. When he saw police, Mendenhall ran and was stunned before being taken into custody. DeLaney had injuries to his head and face and was transported to a hospital. Police found a .25-caliber semi-automatic handgun while taking Mendenhall into custody.
Mendenhall, who was admitted to the Indiana Bar in October 2008, is being held without bond in the Hamilton County Jail.
Porter County Jury Chosen in Marion County Police Officer Shooting Case; Arguments to Begin Today
Seven men and five women will serve as jurors in the trial of Brian Reese.
A judge, lawyers and as many as four dozen witnesses are in Valparaiso this week for the trial of the man accused of shooting Indianapolis police officer Jason Fishburn.
The jury also includes two women serving as alternates.
All 14 people were escorted from the court around 3:30 p.m. today Valparaiso time. They are expected to return at 9 a.m. Tuesday to hear opening arguments in the case.
Gary cop faces civil trial in Portage drive-by case
Fight outside Hobart bar while off-duty escalated
VALPARAISO — Although a former Gary police officer was found not guilty of participating in a Portage drive-by shooting, his legal troubles continue.
The family whose house was shot at is suing Steve Andrus, a fellow police officer, the city of Gary, the Gary Police Department and the Gary Police Commission.
In April, a Porter County jury found Andrus, of Hobart, not guilty of two counts of criminal recklessness. It didn’t stop the recent court action, however.
Courts Use Collaboration Model To Try And Dial Down Emotions In Divorce Cases
FORT WAYNE, IN (Indiana’s NewsCenter) — The shooting death of Amy Meyer White in Wells County on Tuesday illustrates how divorce cases can turn explosive, and why diffusing runaway emotions is critical to heading off violence.
Police say the 28-year old woman was shot and killed by her estranged husband Tyler White as the two were exchanging custody of their toddler.
Conflict often spills over into the court system, where combative lawyers fight over a host of unresolved matters.
The concept of “collaborative divorce” is an attempt to pursue a different strategy, one that emphasizes respect and reason over anger and resentment.
In Allen County, thirty lawyers and mental health professionals take part in a program that aims to steer willing couples to use an objective third party mediator to help settle contentious issues.
Magistrate Thomas Boyer/Allen Superior Court: ” Basically, a model that goes away from the traditional concept, okay, divorce has been filed, let’s race to the courthouse, let’s have a hearing, let’s see who’s going to be the winner and who’s going to be the loser, cause what reality shows us is, in these situations, nobody wins.”
Collaborative divorce, of course, doesn’t eliminate the need for couples to work out a host of other disputes.
Magistrate Boyer says it can be a good idea to arrange child exchanges at neutral locations, rather than at the home of either spouse.
He also discourages heavy reliance on email communication back and forth.
It’s true that can take the place of tension filled face-to-face or phone encounters.
But Boyer says ideally couples need to learn to work out their differences, and that direct contact fosters better long-term solutions.
COA to hear arguments in Valparaiso
Indiana Lawyer Article
A panel of Indiana Court of Appeals judges heads north Friday to hear arguments to determine whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in prison after he violated home detention rules.
In Pablo Madrigal v. State of Indiana, No. 71A05-0903-CR-131, Pablo Madrigal was on home detention after pleading guilty to one count of possession of more than three grams of cocaine with intent to deliver as a Class A felony. He was sentenced to 20 years, with 15 suspended, five years served on home detention followed by two years of probation.
A St. Joseph County Community Corrections home detention officer noticed shell casings near the front door of Madrigal’s home. A search by police yielded a 9mm handgun. The trial court ordered him to serve the remainder of his 20-year sentence with the Department of Correction.
Madrigal argues the trial court should have allowed him to continue to serve his sentence on home detention but change the terms of his home detention based on statute.
Arguments begin at 10 a.m. CDT in the auditorium at Valparaiso High School, 2727 N. Campbell St. Judges Paul Mathias, Margret Robb, and Nancy Vaidik are scheduled to hear the arguments.
Indiana Legal News
Crystal Reeves v. Sharon Downin, 03A01-0904-CV-197
Civil. Reverses denial of Reeves’ motion to correct error following a judgment in favor of Downin of $2,125 for damages to Reeves’ apartment. The trial court erred when it entered judgment in favor of Downin on her counterclaim and when it denied Reeves’ motion. Downin was barred from seeking damages for repair costs due to physical damage because she failed to send an itemized list of damages to Reeves within 45 days. Affirms judgment for Reeves on her claim for return of the security deposit and remands for further proceedings.
A.K. v. State of Indiana, 49A02-0812-JV-1094
Juvenile. Affirms denial of motion to dismiss. The objective of Indiana Code Section 31-37-11-2(b) is to facilitate an orderly and timely process; the section’s deadline is not a mechanism for dismissal when the court has accommodated the juvenile and a timely objection has not been made.
Insurer not allowed to substitute party name
In Marijeanne Brown-Day v. Allstate Insurance Co., No. 49A02-0903-CV-277, the Court of Appeals accepted Marijeanne Brown-Day’s interlocutory appeal to review pretrial orders that granted Allstate Insurance’s motion for party substitution and a motion in limine that collectively prohibited any explicit reference to Allstate.
Suspects in McClendon case make initial Lake Co. court appearance
NWI Times Article
Gregory Brooks Jr., 18, and Reo Jon’Ta Thompson, 17, are charged with multiple felony counts of robbery, burglary, confinement and auto theft for their alleged role in the murder of an elderly Hammond couple last week. They face potential maximum sentences of 100 years in prison. Their defense has been assigned to the office of the Lake County public defender.