Judge Ezra H. Friedlander
Property mortgagor, managers owed no duty in case of drowned girl
January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and
other defendants after the child drowned in the pool of a house that had been abandoned.
MoreAppeals court: Worker entitled to pursue compensation after settlement
July 27, 2012
Dave StaffordA worker injured in a traffic accident who received a settlement for a workers’ compensation claim in Wisconsin may
proceed with a claim in Indiana, where the crash occurred, the Indiana Court of Appeals ruled.
MoreCOA orders new trial for overly talkative defendant
September 14, 2011
Jenny MontgomeryIn a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding
that the court went too far in physically preventing a defendant from speaking.
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.
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.
MorePorter County can't leave RDA
March 2, 2011
Jennifer NelsonA northwestern Indiana county can’t withdraw from a regional development authority created by lawmakers to facilitate
economic development, the Indiana Court of Appeals held Wednesday.
MoreCompetitor lacks standing for judicial review
March 2, 2011
Jennifer NelsonA trial court was correct in dismissing the petition for judicial review from a liquor wholesaler who challenged the issuance
of a wine and liquor permit to a competitor because the wholesaler lacked standing, ruled the Indiana Court of Appeals.
MoreJudge affirms retaining charges but finds criminal prosecution unjust
February 18, 2011
Jennifer NelsonAn Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of
violating several city ordinances after her dogs attacked two people.
MoreSCOTUS history on display
January 19, 2011
Rebecca BerfangerAttorneys and history buffs alike may want to consider a detour to the law library at Indiana University Maurer School of
Law next time they are in or near Bloomington.
MoreCourt rules on artificial insemination issues
December 27, 2010
Jennifer NelsonA divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two
children conceived by artificial insemination.
MoreJudge donates SCOTUS items to law school
December 20, 2010
IL StaffAn Indiana Court of Appeals judge has found a new home for his extensive collection of United States Supreme Court memorabilia:
Indiana University Maurer School of Law.
MoreJudges split on construction manager's duty to injured worker
December 14, 2010
Jennifer NelsonAn Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally
alter contracts” dealing with safety on jobsites.
MoreJudges uphold OWI conviction
November 19, 2010
Jennifer NelsonThe Indiana Court of Appeals concluded today that even though a statute uses the word “and” when saying a driver’s
actions, thoughts, and normal control of faculties must be impaired, the state isn’t required to prove all three were
impaired in order to get a conviction of operating a vehicle while intoxicated.
MoreCourt divides over injury claim under insurance policy
October 29, 2010
Jennifer NelsonThe Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury”
under their uninsured motorist coverage.
MoreCOA to visit Rushville, Greencastle
October 22, 2010
IL StaffThe Indiana Court of Appeals will hear arguments in Rushville and Greencastle next week as part of its “Appeals on Wheels”
initiative.
MoreCourt: stipulation can be in preliminary jury instructions
October 13, 2010
Jennifer NelsonEven though a defendant waived his argument for appeal that a stipulation may not be placed before a jury via preliminary
jury instructions, the Indiana Court of Appeals held the opposite today in a case involving a conviction of unlawful possession
of a firearm by a serious violent felon.
MoreCOA: Judge could raise affirmative defense on behalf of pro se defendant
September 9, 2010
Jennifer NelsonA small-claims court may decide a case based upon the statute of limitations even if a defendant didn’t raise or mention
it at trial but the issue was discussed during trial, the Indiana Court of Appeals ruled in an issue of first impression.
MoreJudges rule man's right to speedy trial was violated
August 30, 2010
Jennifer NelsonThe state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court
of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure
the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
MoreJudges: 2-year statute of limitations doesn't apply
August 10, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider
fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of
limitations.
MoreUse of wrong statute requires reversal of dealing conviction
July 7, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed
the jury on an incorrect version of the statute that allows for enhancing dealing convictions.
MoreCourt rules on liability in nursing home accident
June 10, 2010
Michael HoskinsThe Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:
What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
MoreWhat happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
COA: Government vehicle exclusion is void
November 25, 2009
Jennifer NelsonThe Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured
motorist policies is void as against public policy.
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.
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.
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.
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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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I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
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.