Judge Ezra H. Friedlander

Friedlander to resign from Court of Appeals

February 23, 2015
Dave Stafford
Indiana Court of Appeals Judge Ezra Friedlander will retire in August, the court announced Monday, about a year-and-a-half before he would have faced mandatory retirement.
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Appeals panel rules former same-sex partner has standing to seek visitation

October 31, 2013
Dave Stafford
A former same-sex domestic partner of a woman who gave birth to a child has standing to seek visitation, the Indiana Court of Appeals ruled Thursday, reversing a trial court in an opinion begging lawmakers to speak to the rights of same-sex couples in parenting disputes.
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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.
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Appeals court: Worker entitled to pursue compensation after settlement

July 27, 2012
Dave Stafford
A 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.
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COA orders new trial for overly talkative defendant

September 14, 2011
Jenny Montgomery
In 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.
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Court reverses feticide convictions on double jeopardy grounds

May 26, 2011
Jennifer Nelson
The 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.
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Judges order modification of dissolution decree

May 5, 2011
Jennifer Nelson
The 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.
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Porter County can't leave RDA

March 2, 2011
Jennifer Nelson
A 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.
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Competitor lacks standing for judicial review

March 2, 2011
Jennifer Nelson
A 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.
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Judge affirms retaining charges but finds criminal prosecution unjust

February 18, 2011
Jennifer Nelson
An 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.
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SCOTUS history on display

January 19, 2011
Rebecca Berfanger
Attorneys 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.
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Court rules on artificial insemination issues

December 27, 2010
Jennifer Nelson
A 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.
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Judge donates SCOTUS items to law school

December 20, 2010
IL Staff
An 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.
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Judges split on construction manager's duty to injured worker

December 14, 2010
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues’ majority holding, finding their ruling would “fundamentally alter contracts” dealing with safety on jobsites.
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Judges uphold OWI conviction

November 19, 2010
Jennifer Nelson
The 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.
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Court divides over injury claim under insurance policy

October 29, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
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COA to visit Rushville, Greencastle

October 22, 2010
IL Staff
The Indiana Court of Appeals will hear arguments in Rushville and Greencastle next week as part of its “Appeals on Wheels” initiative.
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Court: stipulation can be in preliminary jury instructions

October 13, 2010
Jennifer Nelson
Even 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.
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COA: Judge could raise affirmative defense on behalf of pro se defendant

September 9, 2010
Jennifer Nelson
A 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.
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Judges rule man's right to speedy trial was violated

August 30, 2010
Jennifer Nelson
The 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.
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Judges: 2-year statute of limitations doesn't apply

August 10, 2010
Jennifer Nelson
The 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.
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Use of wrong statute requires reversal of dealing conviction

July 7, 2010
Jennifer Nelson
The 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.
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Court rules on liability in nursing home accident

June 10, 2010
Michael Hoskins
The 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?
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COA: Government vehicle exclusion is void

November 25, 2009
Jennifer Nelson
The 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.
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Judges disagree on when escape occurs

October 7, 2009
Jennifer Nelson
The 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.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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