Indiana Court of Appeals
State bar releases results of COA retention survey
October 13, 2010
IL StaffIf the results of the Indiana State Bar Association’s 2010 Judicial Retention Poll are any indicator of next month’s
election, then the five Indiana Court of Appeals judges up for a vote will be easily retained.
More5 Court of Appeals judges up for retention
October 13, 2010
Michael HoskinsOne third of the Indiana Court of Appeals judges face a retention vote this year. Read the judges’ answers to questions
posed by Indiana Lawyer.
MoreLaw school hosts appellate hearings
October 13, 2010
IL StaffIndiana University Maurer School of Law – Bloomington recently hosted two appellate hearings at the law school’s
moot court room.
MoreCandidate on ballot as appeal proceeds
October 13, 2010
Michael HoskinsThe Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial-election issue
from Lake County, while the lower appeals court decided not to grant an expedited-hearing request despite the pending election.
MoreIndiana Court of Appeals Judicial Retention Q&A
October 13, 2010
Indiana Lawyer posed 11 questions to the five Indiana Court of Appeals judges who are facing retention this year – Judges
L. Mark Bailey, Melissa S. May, Margret G. Robb, Cale J. Bradford, and Elaine B. Brown.
MorePending dissolution settlement not enforceable upon a party's death
October 12, 2010
Elizabeth BrockettA property-settlement document is not an enforceable contract if one of the parties dies before the dissolution action is
finalized, the Indiana Court of Appeals ruled today.
MoreActual notice denies bona fide purchaser defense
October 12, 2010
Elizabeth BrockettThe Indiana Court of Appeals today reversed an interlocutory order and remanded for the trial court to grant prejudgment possession
of farm equipment to a company that had security interest in it even though it had been traded to another company.
MoreCourt cuts $42.4 million state back pay award
October 8, 2010
Michael HoskinsThe Indiana Court of Appeals today significantly slashed a $42.4 million damages award against the state, cutting the period
from which employees can recover back pay from 20 years to about two months.
MoreCOA rules on military benefits to former spouses
October 8, 2010
Jennifer NelsonRuling on the issue for the first time, the Indiana Court of Appeals has held that a military spouse may not, by a post-decree
waiver of retirement pay in favor of disability benefits or combat-related special compensation, unilaterally and voluntarily
reduce the benefits awarded to the former spouse in a dissolution decree.
MoreCourt affirms, denies challenge to DNA evidence, new mid-trial witness
October 6, 2010
Elizabeth BrockettThe Court of Appeals today affirmed a man’s convictions and sentence for felony robbery despite his challenge to whether
the trial court properly admitted DNA evidence and allowed the testimony of a witness discovered mid-trial.
MoreCOA affirms murder conviction, sentence of 14-year-old
October 5, 2010
Rebecca BerfangerWhen asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender,
the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.
MoreCOA: Traffic stop allowed in private parking lot
October 4, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld the denial of man’s motion to suppress, finding Indiana Code doesn’t bar law
enforcement from investigating violations in private parking lots even if there isn’t a contractual agreement with the
property owner to allow officers to enforce traffic ordinances.
MoreCourt of Appeals upholds Miller estate decision
September 30, 2010
Kathleen McLaughlinThe Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his
older brother, Hugh.
MoreExpedited hearing to be sought after justices again deny transfer
September 30, 2010
Elizabeth BrockettThe attorney for a man challenging the inclusion of a Lake County judicial prospect’s name on the general election ballot
will seek an expedited hearing with the Indiana Court of Appeals after justices Wednesday denied a second emergency request
for transfer.
MorePre-trial ID of attacker allowed at trial
September 30, 2010
Jennifer NelsonThe trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court
of Appeals ruled today in a matter of first impression.
MoreFirst impression case on mouthpieces as 'foreign substance'
September 30, 2010
Jennifer NelsonIn a matter of first impression, a portable breath test mouthpiece isn’t a foreign substance that will act to invalidate
the results of a blood alcohol content Datamaster chemical breath test, the Indiana Court of Appeals ruled today.
MoreRetiring justice to join Indy dispute resolution firm
September 30, 2010
Michael HoskinsJustice Theodore R. Boehm marked his departure from the Indiana Supreme Court today with a celebratory retirement ceremony,
using that event to announce that he’ll not only be senior judging at the appellate and trial levels but that he’s
joining Van Winkle Baten Rimstidt Dispute Resolution in Indianapolis as an arbitrator and mediator.
MoreJudicial candidacy appeal moving quickly
September 29, 2010
Michael HoskinsThe Indiana Supreme Court has refused to sidestep the state’s intermediate appellate court on a judicial election issue
from Lake County, which involves a prospect for the bench being able to stay on the ballot.
MoreMedicaid applicants facing 'tremendous hurdles'?
September 29, 2010
Rebecca BerfangerWhen filing a claim for Medicaid disability benefits, the process sounds straightforward: Complete an application that includes
all disabilities that would make the case that you deserve the benefits. If your application is deemed sufficient by a Medicaid
Medical Review Team, you get the benefits. If not, you receive a one- or two-page letter that includes information about how
you can appeal.
MoreCourt: team-building activity not under insured conditions
September 28, 2010
Elizabeth BrockettThe Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s
accident while traveling to an activity outside of the trip’s purpose was not covered.
MoreCourt reaffirms 3-step test for in camera review
September 24, 2010
Jennifer NelsonThe Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s
documents relating to alleged molestation victims sends the message that it’s “open season” on the records
of victim services providers.
MoreAppellate court vacates murder, dealing convictions
September 23, 2010
Jennifer NelsonThe Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state
didn’t prove the man was involved in the dealing of ecstasy.
MoreMental-health facility report not same as charging instrument
September 23, 2010
Jennifer NelsonThe due process protections applicable to a charging instrument in a criminal case aren’t applicable to a report filed
after someone is detained in a mental-health facility, the Indiana Court of Appeals ruled.
MoreCOA: Hearsay evidence properly admitted
September 22, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her
boyfriend hit her because the evidence was admissible under the excited utterance exception.
MoreAppellate court finds lawsuit brought in bad faith
September 20, 2010
Jennifer NelsonThe Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents,
affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his
wife.
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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.