Indiana Court of Appeals
Lawmakers vote on COA panel, Lake County fee
February 20, 2009
Michael HoskinsBoth houses of the Indiana General Assembly took action on court-related legislation Thursday.
MoreCourt: grandparent visitation survives adoption
February 19, 2009
Michael HoskinsState statute clearly allows grandparent visitation to survive a child's adoption by another biological grandparent, the
Indiana Court of Appeals has ruled.
MoreCourt affirms delay in jury trial for congestion
February 18, 2009
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant's arguments that because his request for a speedy trial was in writing,
his trial should take priority over another man's trial scheduled for the same day.
MoreCounty, court don't have to give back pay
February 17, 2009
Jennifer NelsonA former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief,
the Indiana Court of Appeals ruled today.
MoreCourt rules in favor of town in disannexation suit
February 17, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of a town in a disannexation order because the plaintiffs in the case didn't
file their complaint for relief until after the statute of limitations had run out.
MoreOutside accounting ordered in LLC dissolution
February 16, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a judgment in favor of one of the owners of a dissolved LLC, finding the trial court
erred when it entered judgment against the other owner personally without ordering an outside accounting of the company's
finances.
MoreOpinion examines history of Fireman's Rule
February 13, 2009
Jennifer NelsonAfter delving into the history of caselaw involving Indiana's Fireman's Rule, the Indiana Court of Appeals determined
a couple's complaint against an Indianapolis strip club is barred by the rule.
MoreOrder that law firm pay attorney fees reversed
February 12, 2009
Jennifer MehalikThe Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm
in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial
court granted the award.
MoreJudges disagree on if remand is necessary
February 11, 2009
Jennifer MehalikThe Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief
for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal
didn't agree as to whether the case should be remanded.
MoreWoman didn't prove she should get new trial
February 6, 2009
Jennifer NelsonFinding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals
today upheld the denial of her petition for post-conviction relief.
MoreCOA rules on negligence claims in library case
February 6, 2009
Jennifer Nelsonhe Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit
filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the
companies.
MoreCOA: Statements not made in illegal detention
February 5, 2009
Jennifer MehalikThe Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while
detained, finding he was legally detained because police already had probable cause to arrest him.
MoreCOA: Mother not liable for death as gun buyer
January 30, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in a negligence claim in favor of a woman whose husband killed her
daughter with a gun she purchased for him, finding the designated evidence doesn't show proximate cause.
MoreCourt rules on agency record appeals
January 30, 2009
Jennifer NelsonIn two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.
MoreOpinion invites high court to reconsider decision
January 29, 2009
Jennifer NelsonThe Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall
under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound
by the high court's previous ruling.
MoreCOA clarifies unemployment benefits issue
January 29, 2009
Jennifer NelsonThe Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment
benefits should be determined when the employee is discharged for attendance issues.
MoreCOA to hear arguments at Indy high school
January 29, 2009
IL StaffIndiana's Court of Appeals will hear arguments at an Indianapolis high school Friday in a case determining whether a juvenile
committed auto theft, a Class D felony if committed by an adult.
MoreTrial court couldn't modify man's sentence
January 28, 2009
Jennifer NelsonFinding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical
in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second
sentence.
MoreCOA: Wife is liable for mortgages
January 27, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure;
however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
MoreJudges differ in stipulation matter
January 27, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto
theft conviction based on his previous conviction for a similar crime.
MoreCOA travels to West Lafayette for arguments
January 26, 2009
IL StaffThe Indiana Court of Appeals will visit West Lafayette Tuesday to hear arguments in a case involving a warrantless search
of a vehicle.
MoreMiscarriage an 'act' in intimidation charge
January 22, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his
wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge
as contemplated by Indiana statute.
MoreCOA adopts 'compromise approach' of theory
January 20, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court
erred by excluding certain evidence regarding his victim.
MoreCOA: No credit for pretrial home detention
January 14, 2009
Jennifer MehalikThe Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention,
finding the man's rights weren't violated under the federal or Indiana constitutions.
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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.