Indiana Court of Appeals
COA: Destroyed tape doesn't make record silent
October 20, 2009
Jennifer NelsonThe premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes
of Boykin, the Indiana Court of Appeals ruled Monday.
MoreCOA to visit ISU for arguments
October 15, 2009
IL StaffThe Indiana Court of Appeals travels to Terre Haute Oct. 19 to hear arguments in an interlocutory appeal of a drug case in
which the defendant claims the trial court abused its discretion in denying her motion to suppress.
MoreAttorney's fees can come from damages award
October 13, 2009
Jennifer NelsonReasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals
ruled today.
MoreCourt rules on workers' comp dispute
October 13, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation
benefits because there was a dispute over who should pay the benefits.
MoreCOA to hear arguments at 2 universities
October 12, 2009
IL StaffThe Indiana Court of Appeals hits the road Tuesday and Wednesday to hear arguments at two universities involving a negligence
suit against a hospital and nurse and whether a casino can ban someone after he's been kicked out.
MoreDissent: new issues can be raised in response
October 9, 2009
Michael HoskinsParties shouldn't be allowed to raise arguments for the first time in response to a rehearing petition before an appellate
court, an Indiana Court of Appeals judge wrote in disagreeing with two of her colleagues.
MoreTestimony based on medical journals allowed
October 8, 2009
Michael HoskinsA physician testifying at a medical malpractice case should have been allowed to offer testimony based on her reading
of medical journals, and a Marion County judge erred when he excluded part of her statements, the Indiana Court of Appeals
decided.
MoreJudges disagree on when escape occurs
October 7, 2009
Jennifer NelsonThe Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer
walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was
just a violation of prison rules.
MoreFirst impression in utility fee case
October 7, 2009
Jennifer NelsonIn a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission
properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
MoreRestitution for lost wages an error
October 6, 2009
Jennifer NelsonA trial court erred in ordering a man to pay restitution of the lost wages of his victim because there's no direct link
the man's criminal recklessness caused the victim to be fired, the Indiana Court of Appeals ruled.
MoreCOA: Annexation should have been granted
October 6, 2009
Jennifer NelsonThe Indiana Court of Appeals found that a Circuit Court incorrectly ruled that Muncie failed to meet its statutory burden
when trying to annex portions of two residential neighborhoods. The appellate court reversed the finding Muncie's
ordinances annexing the land were invalid and the finding the landowners met their statutory burden to oppose the annexation.
MorePutative dad can file paternity petition for child
October 5, 2009
Jennifer NelsonThe Indiana Court of Appeals has ruled that although a putative father's paternity petition should be dismissed, he could
proceed as the next friend of the alleged daughter in her paternity petition.
MoreTestimony showed intent in identity deception
October 5, 2009
Jennifer NelsonDuring a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's
prior interaction with the victim of his identity theft and previous instances of using the victim's information, the
Indiana Court of Appeals concluded today.
MoreCOA travels north to hear arguments
October 5, 2009
IL StaffThe Indiana Court of Appeals travels to Marion and South Bend this week to hear arguments in an appeal of voluntary manslaughter
and criminal recklessness convictions, and a case involving a conviction of child solicitation.
MoreTrial court erred in terminating parenting time
October 2, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the termination of a father's parenting time with his teenage daughters, finding
the trial court erred because the decision wasn't supported by the record or statute.
MoreCOA splits on cheek-swab requirements
September 30, 2009
Jennifer NelsonA split Indiana Court of Appeals ruled taking a cheek swab for DNA testing requires reasonable suspicion only, not probable
cause, under federal and state constitutions.
MoreJudges dissent on search after 'knock and talk'
September 30, 2009
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues' view that a police "knock and talk" investigation
didn't violate a man's rights under the Indiana Constitution, fearing the circumstances of the case could lead to
a general distrust of law enforcement.
MoreCourt: Association has no standing to sue
September 29, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed a landowners association lacked standing to sue over the rezoning of property despite
the argument that its claim survives under the "public standing doctrine."
MoreCOA: findings don't support attorney fees
September 28, 2009
Jennifer NelsonThe Indiana Court of Appeals remanded a case today involving attorney fees - the appellate court questioned whether the Indiana
High School Athletic Association was trying to dissuade appeals by athletes - because the findings of the case currently don't
support the judgment.
MoreCourt erred in ordering DCS to pay costs
September 28, 2009
Jennifer NelsonThe Indiana Department of Child Services isn't responsible for the costs of a minor's secure detention because it
never entered into a written agreement with the juvenile court to cover the costs, the Indiana Court of Appeals ruled today.
MoreJudges disagree as to athlete's eligibility
September 24, 2009
Jennifer NelsonOne Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the
family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic
reasons.
MoreCourt remands custody case for new hearing
September 24, 2009
Jennifer NelsonAlthough all three Indiana Court of Appeals judges came to conclusion that the trial court should revisit its order to grant
full custody of a child to her abusive father, the judges differed as how the trial court should have approached the matter.
MoreCourt upholds injunction in easement case
September 23, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed judgment in favor of a homeowner who sued neighbors after telephone poles, fence posts,
and other objects were placed along a disputed easement area to prevent people from driving along it.
MoreCOA to hear institutionalization case
September 22, 2009
IL StaffThe Indiana Court of Appeals will hear arguments Wednesday in a case of two men being held in a state mental health institution
until they are deemed able to stand trial.
MoreCOA reverses judgment for Ford in liability suit
September 21, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but
the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front
seat with airbags turned on.
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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.