Court opinions
Court cites fishy documents in reversing support order
December 28, 2012
Dave StaffordA Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his
children’s mother, because Canadian court documents and other filings should not have been considered, the Court of
Appeals ruled.
MoreVintage Corvette belongs to the last buyer
December 28, 2012
Marilyn OdendahlAlthough a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on
eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.
MoreDuke loses appeal of scandal-touched IURC rate case reversal
December 28, 2012
Dave StaffordThe Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million
for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state
regulators.
MorePublic interest in reducing poverty is grounds for application of doctrine of laches
December 27, 2012
Marilyn OdendahlIn overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be
applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges
conflicts with the public’s interest in reducing poverty.
MoreMan argues the sentencing guidelines were applied incorrectly
December 27, 2012
Marilyn OdendahlA Wisconsin man who used a stolen Indiana driver’s license to obtain a passport had his sentence affirmed by the 7th
Circuit Court of Appeals which held certain provisions in the sentencing guidelines should be applied differently depending
on the circumstances.
MoreCOA affirms ruling in suit brought after fatal train accident
December 27, 2012
Dave StaffordThe trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies
with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred
in 2009, the Indiana Court of Appeals affirmed Thursday.
MoreAppeals court reinstates injured motorist’s claim against insurer
December 27, 2012
Dave StaffordA driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court
of Appeals on Thursday.
MorePrice of postage is not enough for 7th Circuit to review NLRB's ruling
December 27, 2012
Marilyn OdendahlThe cost of a postage stamp was not enough for Beck objectors to request a refund from their unions, the 7th Circuit
Court of Appeals has ruled.
MoreAppeals court upholds Medicaid fraud charges
December 27, 2012
Dave StaffordA woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion
to dismiss the charges.
MoreMan’s child molesting conviction upheld
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that
Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
MoreCOA upholds cocaine convictions, sentence
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession
of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered
jury instruction.
MoreJudges affirm criminal recklessness conviction
December 21, 2012
Jennifer NelsonSomeone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily
injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals
held in a first impression case.
MoreSupreme Court denies Star appeal in online commenter case
December 21, 2012
Dave StaffordThe Indiana Supreme Court on Thursday denied transfer in The Indianapolis Star’s appeal of an order that it
identify a person who posted an anonymous online comment that has been included in a defamation suit.
MoreCourt orders new trial on damages owed to wrongfully convicted man
December 20, 2012
Jennifer NelsonFinding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial
for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
More7th Circuit rules in favor of hospital in EMTALA violation suit
December 20, 2012
Jennifer NelsonThe 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room”
is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment
and Active Labor Act did not come to the Wishard Hospital emergency department under that act.
More7th Circuit reinstates suit to recoup environmental cleanup costs
December 19, 2012
Jennifer NelsonFinding the District Court erred in dismissing several claims made by the trustees of a fund to oversee cleanup of a contaminated
site, the 7th Circuit Court of Appeals is allowing the lawsuit to proceed.
MoreCOA orders continuation of insurer’s case against tenant
December 19, 2012
Jennifer NelsonBecause Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant
and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court
of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action
against the tenant after a fire started on her patio.
MoreJustices reinstate 80-year sentence
December 19, 2012
Jennifer NelsonDisagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana
Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s
two young daughters.
MoreJustices: summary judgment inappropriate on some claims in contaminated waste suit
December 19, 2012
Jennifer NelsonThe Indiana Supreme Court has affirmed in part and reversed in part the grant of summary judgment to various defendants involved
in a landowner’s lawsuit seeking damages after a steel fabrication company deposited solid waste onto his property.
MoreHospital wins on uninsured patients’ appeal of rates charged
December 19, 2012
Jennifer NelsonThe Indiana Supreme Court ruled in favor of a hospital’s motion to dismiss a complaint brought by uninsured patients
regarding the rates charged by the hospital, finding the patients’ complaint failed to state facts on which the trial
court could have granted relief.
MoreAttempted ‘hybrid’ defense delay didn’t violate speedy trial rule
December 18, 2012
Dave StaffordA criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender
was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
MoreJustices order modification of sentence of convicted child caseworker to comply with plea agreement
December 17, 2012
Dave StaffordA former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence
modified to comport with his plea agreement, the Indiana Supreme Court ordered.
MoreWoman who invited abusive spouse did not violate no-contact protective order
December 14, 2012
Marilyn OdendahlIn a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did
not criminalize the violation of a protective order by the protected person.
MoreSplit court upholds $3.9 million workplace injury judgment
December 14, 2012
Dave StaffordWhether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is
a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
MoreDivided appeals court affirms denial of incapacity maintenance
December 14, 2012
Dave StaffordA woman with longstanding disabilities denied incapacity maintenance in her divorce judgment convinced one appellate judge
that the trial court abused its discretion, but the majority affirmed the lower court’s decision.
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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.