Indiana appellate judges
Appeals court splits on new sentence modification issue
July 18, 2011
Jennifer NelsonAn inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding
that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced,
not re-resentenced after a successful appeal.
MoreJudge: Man did not commit attempted child exploitation
July 18, 2011
Jennifer NelsonThe Indiana Court of Appeals split on whether a man committed attempted child exploitation when he tried to take pictures
up teenagers’ skirts at a mall using a camera attached to his shoe.
MoreSearch didn't violate driver's rights
July 14, 2011
Jennifer NelsonThe smell of burnt marijuana on a person alone may constitute probable cause to support an arrest and search incident to arrest,
the Indiana Court of Appeals held in a case of first impression.
MoreCOA: Evidence supports dealing conviction
July 14, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed a defendant’s conviction of dealing in methamphetamine, finding that pill dough
created while making the drug could be used to count toward the three grams needed to charge someone with Class A felony dealing.
MoreCourt examines 'entry' of guilty plea withdrawal motions
July 7, 2011
Michael HoskinsThe Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state
law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t
file a request in writing or justify the withdrawal.
MoreCourt of Appeals dismisses termination-order appeal
June 28, 2011
Jennifer NelsonBecause the parents of six children who were removed from their home did not timely initiate the appeal of termination of
their parental rights, the Indiana Court of Appeals dismissed their appeal.
MoreAppellate court divided over trust liability
June 27, 2011
Jennifer NelsonThe Indiana Court of Appeals split Monday in a probate suit involving whether trustees failed to distribute a portion of the
trust corpus in a timely manner. The majority upheld finding the trustees liable, but ordered a re-evaluation of compensatory
damages and attorney fees.
MoreCOA splits on reversing convictions for Batson violation
June 22, 2011
Jennifer NelsonA divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon,
finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful
discrimination.
MoreAppellate court upholds motion to suppress after traffic stop
June 14, 2011
Jennifer NelsonThe Indiana Court of Appeals agreed with a trial judge that a police officer didn’t have reasonable suspicion to stop
a driver believed to be intoxicated.
MoreCOA reverses worker's comp board on prescription drug denial
June 13, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer
isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible
reason why the drug is prescribed.
MoreCOA: Statute of repose doesn't bar woman's complaint
June 8, 2011
Jennifer NelsonIn a case of first impression, the Indiana Court of Appeals concluded that a woman’s negligence complaint isn’t
barred by a statute of repose.
MoreTouched by controversy
June 8, 2011
Michael HoskinsIn the history of court controversies, a recent ruling by the Indiana Supreme Court has created public outcry and calls for
change in ways that few others do.
MoreCOA: man doesn't have to testify for self-defense instruction
June 2, 2011
Jennifer NelsonThe Indiana Court of Appeals ordered a new trial for a man convicted of murder because the trial court erred by refusing to
instruct the jury on self-defense without the defendant’s testimony.
MoreInsurer not entitled to rescind home insurance policy
May 26, 2011
Jennifer NelsonThe failure to disclose true value in a real estate insurance context doesn’t give rise to a rescission claim, the Indiana
Court of Appeals held in a case of first impression.
MoreCourt reverses feticide convictions on double jeopardy grounds
May 26, 2011
Jennifer NelsonThe man who shot a pregnant teller during a bank robbery, which led to the death of her twins, had his two felony feticide
convictions vacated by the Indiana Court of Appeals because of double jeopardy violations.
MorePanel orders lower court to enforce protective order
May 24, 2011
Michael HoskinsHighlighting a bias in state statute relating to protective orders, the Indiana Court of Appeals has held that an accuser’s
request for a civil contempt hearing against someone alleged to have violated a protective order can’t be tied to any
other criminal or civil proceedings under way or available in the future.
MoreCOA rules in favor of mother in contentious custody battle
May 24, 2011
Jenny MontgomeryThe Indiana Court of Appeals has affirmed a trial court’s decision awarding a mother primary custody of her child, after
a joint custody arrangement between the mother and father deteriorated.
MoreMother's rights at issue in COA reversal
May 20, 2011
Michael HoskinsThe Indiana Court of Appeals has reversed a paternity ruling from Vanderburgh County, finding that the judge should have taken
a second look at the case after a mother wasn’t given a chance to be properly heard on custody of her child.
MoreCOA: Tractor sale contract not enforceable
May 19, 2011
Michael HoskinsThe Indiana Court of Appeals says it’s against public policy to uphold any civil contract that’s based on an illegal
action, and so the court says it won’t create a rule allowing that transaction agreement to be enforced.
MoreJudges split on mortgage issue
May 17, 2011
Jennifer NelsonIn a case of first impression between a lender and the mortgagee on record, the Indiana Court of Appeals was divided as to
whether the mortgagee on record had an enforceable right under a mortgage.
MorePerry County only preferred venue for wage suit
May 12, 2011
Jennifer NelsonIn an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court
of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed
by the Commissioner of Labor under the act.
MoreCOA affirms remanded sentence
May 9, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction
could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other
convictions.
MoreJudges order modification of dissolution decree
May 5, 2011
Jennifer NelsonThe Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in
value of a property when calculating marital assets and distributing marital property.
MoreLandlord sent itemized letter on time
May 4, 2011
Jennifer NelsonThe Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord
did deliver an itemized damages letter within statutory deadlines.
MorePinched nerve causes chief justice to miss arguments, Evansville event
May 2, 2011
Jennifer NelsonIndiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working
on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer
Kathryn Dolan.
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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.