Appeals court orders judge to expunge woman's convictions

Headline Legal News

A state appeals court has overruled a western Indiana judge and ordered him to expunge a woman's convictions despite his disgust for her crimes.

The Indiana Court of Appeals ruled 2-1 last week that Jay Circuit Judge Brian Hutchison must expunge the convictions of 35-year-old Mindy M. McCowan of Dunkirk for forgery in 2003 and for dealing methamphetamine in 2004.

The ruling said McCowan was released from prison in 2007 and completed probation in 2010. She has since maintained employment and earned an associate's degree and professional certifications.

The Star Press reports Hutchison declined to expunge the convictions last November, saying he has drug cases before him every day and he wasn't "doing favors for people who are causing these problems in Jay County."

Related listings

  • Court reinstates rape charges despite delay in indictment

    Court reinstates rape charges despite delay in indictment

    Headline Legal News 07/28/2016

    The Ohio Supreme Court on Wednesday reinstated rape and kidnapping charges against a Cleveland man who argued that a 20-year delay in indicting him was unconstitutional.   In a unanimous decision, the court also ordered an appeals court to recon...

  • High Court won't hear dispute over birthright citizenship

    High Court won't hear dispute over birthright citizenship

    Headline Legal News 06/12/2016

    The Supreme Court has rejected an appeal from a group of American Samoans who say the United States should grant full citizenship to people born in the U.S. territory. The justices on Monday let stand a lower court ruling that said the constitutional...

  • High court rejects Google's appeal in class action lawsuit

    High court rejects Google's appeal in class action lawsuit

    Headline Legal News 06/07/2016

    The Supreme Court won't hear an appeal from Google over a class action lawsuit filed by advertisers who claim the internet company displayed their ads on "low quality" web sites.   The justices on Monday let stand a lower court ruling that said ...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.