Indiana Court of Appeals
COA affirms $550,000 med mal verdict; denies appellate attorney fees
October 30, 2012
Jennifer NelsonA Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice
complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure,
the Indiana Court of Appeals held Tuesday.
MoreJudges affirm decision in familial dispute over insurance funds
October 30, 2012
Jennifer NelsonWhen Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that
Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court
that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.
MoreJudges amend man’s convictions due to double jeopardy violations
October 29, 2012
Jennifer NelsonBecause the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges,
the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by
the prosecutor during trial.
MoreWoman’s claim for reformation of deed fails
October 29, 2012
Jennifer NelsonA Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her
appeal of a trial court ruling in favor of neighboring property owners.
MoreLaw firm can’t collect attorney fees from insurer
October 25, 2012
Jennifer NelsonRelying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees
it says are owed by a former client from a third-party insurance company following a settlement.
MoreJudges find wired payment timely
October 24, 2012
Jennifer NelsonJudges on the Indiana Court of Appeals declined to expand upon language in a forbearance agreement between a bank and business
owner, finding the business owner timely made his final payment to the bank when he wired the money the day it was due, even
though the bank did not receive it until the next day.
MoreMajority affirms couple didn’t establish element of adverse possession
October 24, 2012
Jennifer NelsonTwo Indiana Court of Appeals judges upheld a judgment in favor of landowners on a complaint filed to quiet title in a disputed
area of land, finding the couple seeking to quiet title failed to establish the control element of adverse possession.
MoreCourt revises sentence based on plea agreement language
October 24, 2012
Jennifer NelsonThe Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court
erred by imposing a sentence that violated the terms of her plea agreement.
MoreGingerich trial stirs juvenile advocates
October 24, 2012
Dave StaffordSentenced at 12 for conspiracy to commit murder, Paul Henry Gingerich's appeal claims due process violations.
MoreTerm of imprisonment reduced by half after COA rules sentence does not fit the crime
October 23, 2012
Marilyn OdendahlA man who pleaded guilty to child molesting had his sentence halved by the Indiana Court of Appeals on the grounds that the
sentence imposed by the trial court was an outlier.
MoreCOA: Judge’s late recusal not reversible error
October 23, 2012
Dave StaffordAn Adams Circuit Court judge who learned that he had previously represented a defendant on trial in his courtroom acted appropriately
when he recused himself but denied a mistrial, the Indiana Court of Appeals ruled.
MoreCourt affirms judgments in pollution case, remands for determination of credit due
October 23, 2012
IL StaffThe Indiana Court of Appeals found no errors in a trial court’s ruling in a dispute over insurance coverage to clean
up a pollution spill at a westside Indianapolis business, but it sent the case back to the trial court for a determination
of credit due an insurer.
MoreCourt of Appeals rules that blinking turn signal not enough to support drug conviction
October 19, 2012
Marilyn OdendahlFinding that the continuous use of a turn signal without turning does not justify a traffic stop, the Indiana Court of Appeals
threw out a conviction for possession of marijuana.
MoreProsecutor error insufficient to reverse murder conviction
October 19, 2012
Dave StaffordA prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a
murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled
Friday.
MoreJudges order habitual offender enhancement vacated
October 18, 2012
Jennifer NelsonA post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender
enhancement, finding a case decided after the man’s direct appeal applies retroactively.
MoreStatute granting DCS immunity applies to nearly all of family’s claims
October 17, 2012
Jennifer NelsonA case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two
issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that
may reside with extended family members involved in the lawsuit.
MoreCOA affirms $55k judgment for couple who purchased wind turbine
October 17, 2012
Jennifer NelsonThe Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that
a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.
MoreJudges uphold family has no right of access through neighbor’s property
October 17, 2012
Jennifer NelsonA family claiming that for more than 50 years they had an easement to access portions of their land through a neighbor’s
property lost before the Indiana Court of Appeals.
MorePyle takes oath at robing ceremony
October 16, 2012
Dave StaffordIndiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov.
Mitch Daniels.
MoreCourt upholds conviction for theft of water heater
October 16, 2012
Jennifer NelsonThe Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater
from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
MoreIndiana justices accept 2 cases
October 15, 2012
IL StaffThe Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
MoreJudges reaffirm 2 Weinberger patients’ psychological evaluations
October 12, 2012
Jennifer NelsonIn reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing
him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court
must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
MoreDelayed ordinance publication doesn’t affect power to annex
October 12, 2012
Jennifer NelsonLandowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before
the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should
have barred the annexation.
MoreCOA affirms 5 child molesting convictions
October 11, 2012
Jennifer NelsonThe admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County
was not a fundamental error, the Indiana Court of Appeals held Thursday.
MoreCourt rules in favor of state in taking of property for I-69
October 11, 2012
Jennifer NelsonFor the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in
southwestern Indiana for construction of Interstate-69.
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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More than half of Conour’s inventoried assets gone, feds say
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Indianapolis law firm Stewart & Irwin closing
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Longest-practicing female attorney in Indiana has no plans to retire
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Criminal code and expungement bills signed by governor
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Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
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Indianapolis law firm Stewart & Irwin closing
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More than half of Conour’s inventoried assets gone, feds say
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SCOTUS rules against Indiana farmer in seed patent case
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Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
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Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.