Indiana Court of Appeals
Social Security income shouldn't be considered in restitution orders
April 21, 2011
Jennifer NelsonDealing with an issue of first impression, the Indiana Court of Appeals has ruled that Social Security income must be excluded
when considering a defendant’s ability to pay restitution.
MoreKissing a sleeping victim doesn't constitute sexual battery
April 20, 2011
Jennifer NelsonA victim being asleep isn’t equivalent to a mental disability or deficiency for purposes of the sexual battery statute,
the Indiana Court of Appeals held Wednesday.
MoreJustices dismiss appeal
April 20, 2011
IL StaffThe Indiana Supreme Court has dismissed an appeal in an insurance case involving attorney-client privilege because the parties
have reached a mediated settlement.
MoreCOA to hear arguments at Ivy Tech campuses
April 19, 2011
IL StaffThe Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery
case.
MoreJudge argues state must prove actual endangerment
April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday regarding a man’s conviction of misdemeanor operating while intoxicated, with
Judge Terry Crone arguing the statute requires the state to prove actual endangerment of the driver or others, not just the
possibility of it.
MoreCourt of Appeals dismisses Bren Simon's appeal
April 18, 2011
IBJ StaffThe Indiana Court of Appeals has dismissed Bren Simon’s petition seeking to reverse a lower court’s ruling that
removed her as interim trustee of her late husband’s $2 billion estate.
MoreCOA upholds convictions in Indianapolis Hamilton Ave. murders
April 18, 2011
Jennifer NelsonThe Indiana Court of Appeals has affirmed a man’s convictions and reduced his sentence to 421 years for his involvement
in the gruesome robbery and murders of seven Indianapolis residents, including three children, in June 2006.
MoreJustices accept ordinance case
April 18, 2011
IL StaffThe Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right
to control, regulate, and sell water is actually invalid.
MoreAppellate judges to go to Rochester, Upland for arguments
April 15, 2011
IL StaffOn Tuesday, two panels of Indiana Court of Appeals judges will travel north to hear arguments.
MoreCourt splits on standard used to modify custody
April 14, 2011
Jennifer NelsonEven though the trial court departed from established statutory procedures by using the “best interests” standard
to modify physical custody, the majority of Indiana Court of Appeals judges affirmed the lower court’s decision.
MoreJudges discuss fundamental error, ineffective trial counsel assistance
April 14, 2011
Jennifer NelsonFundamental error and prejudice for ineffective assistance of trial counsel present two substantively different questions,
the Indiana Court of Appeals concluded Thursday in a post-conviction case.
MoreCOA: Attorney entitled to lien on former client's file
April 13, 2011
Jennifer NelsonAn attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid
retaining lien, ruled the Indiana Court of Appeals.
MoreJudges affirm retroactive application of amendments to blood draw statute
April 13, 2011
Jennifer NelsonApplying 2010 statutory amendments governing chemical tests for evidence of intoxication to a case of a man charged in 2009
with driving while intoxicated didn’t violate the prohibitions against ex post facto criminal sanctions, the Indiana
Court of Appeals held Wednesday.
MoreJudges to hear sex-offender registration appeal in Franklin
April 13, 2011
IL StaffA panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal
of a man who’s charged with not registering as a sex offender.
MoreJudges disagree on whether landowners are 'aggrieved'
April 12, 2011
Michael HoskinsJurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party
is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
MoreCourt addresses forgery statute on electronic credit card purchases
April 12, 2011
Michael HoskinsUsing someone else’s credit card and electronically signing that person’s name is considered “uttering”
a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
MoreState responsible for costs in relocating Medicaid patients
April 11, 2011
Jennifer NelsonIndiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid
in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana
Court of Appeals ruled Monday.
MoreCOA: personal injury action should be allowed to proceed
April 8, 2011
Jennifer NelsonThe Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to
substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day
time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
MoreJudges divided on calculation of damages after negligence
April 7, 2011
Jennifer NelsonThe Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana
Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because
the deceased man had at least a 50 percent chance of survival before the medical negligence.
MoreJudges affirm denial of post-conviction relief
April 6, 2011
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance
of trial and appellate counsel. The man failed to introduce the original trial transcript at his post-conviction hearing and
the post-conviction court didn’t take judicial notice of the record, as it’s now able to do under an amended Indiana
Evidence Rule.
MoreState won't immediately appeal IBM 'deliberative processes' ruling
April 6, 2011
Michael HoskinsAt least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision
that held a “deliberative process” privilege exists in Indiana.
MoreCOA reverses judgment in title insurance issue
April 4, 2011
Jennifer NelsonThe Indiana Court of Appeals has declined to extend to an insurance agent the duty of an insurer as declared by the state’s
highest court. In doing so, the judges reversed the denial of a title insurance company’s motion for summary judgment.
MoreCOA to hear appeal at University of Southern Indiana
April 1, 2011
IL StaffThe Indiana Court of Appeals will be in Evansville April 4 to hear an appeal regarding methamphetamine convictions.
MoreJudges: defendant should be able to confront witness
March 31, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding
the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.
MoreCourt: DNR case can proceed despite 11-year delay
March 31, 2011
Michael HoskinsThe Indiana Court of Appeals has looked past a trial rule calling for diligent prosecution of claims, finding that a state
Department of Natural Resources land ownership dispute can proceed despite an 11-year delay in prosecuting because it’s
of great public importance and should be decided on the merits.
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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.