Judge Patricia A. Riley
Attorney'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 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.
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.
MoreLawyer failed to deny note execution under oath
September 11, 2009
Jennifer NelsonBecause an attorney acting pro se in a mortgage suit didn't include a statement in his general denial that the denial
was truthful and made under penalty for perjury, he failed to deny under oath the execution of the note, the Indiana Court
of Appeals ruled today.
MoreJudges disagree on search validity
August 31, 2009
Jennifer NelsonOn remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed
the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because
she believes the search of the vehicle was unreasonable in light of the recent ruling.
MoreJudges disagree if testimony is hypothetical
August 18, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice
case used hypothetical language that couldn't raise a genuine issue of fact.
MoreCourt failed to include all assets in marital pot
July 29, 2009
Jennifer NelsonFor the second time in the same case, the Indiana Court of Appeals reversed a trial court's division of assets in a marital
dissolution because the trial court excluded from the marital pot the property the parties brought into marriage.
MoreTownship assessor loses appeal
July 13, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted
a bill that eliminated her office and transferred her duties to the county assessor.
MoreCourt tackles scope of 'frivolous'
June 25, 2009
Jennifer NelsonThe Indiana Court of Appeals today used an inmate's appeal of the dismissal of his complaint to address the scope of the
word "frivolous" in Indiana's Frivolous Claim Law. And even though this inmate has filed dozens of law suits
since being incarcerated, it doesn't mean his suits can be automatically deemed frivolous by the trial courts.
MoreCOA clarifies emotional distress claims
May 18, 2009
Jennifer NelsonThe Indiana Court of Appeals used an opinion today to clarify how to treat an independent action for emotional distress brought
either in combination with the Wrongful Death Statute or as part of the Medical Malpractice Act.
MoreBMV policy needed to prevent identity theft
May 15, 2009
Jennifer NelsonThe inconvenience of a few Hoosiers outweighs the very real threat of identity theft, so the trial court was correct in denying
a preliminary injunction against the Bureau of Motor Vehicle's verification of records using Social Security Administration
data, the Indiana Court of Appeals ruled today.
MoreMoving chattel for suit doesn't establish venue
March 19, 2009
Jennifer NelsonIn its opinion today regarding a breach of warranty case, the Indiana Court of Appeals had to define for the first time what
"regularly located or kept" meant for purposes of Indiana Trial Rule 75(A)(2).
MoreCOA: Statements not made in illegal detention
February 5, 2009
Jennifer MehalikThe Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while
detained, finding he was legally detained because police already had probable cause to arrest him.
MoreOpinion invites high court to reconsider decision
January 29, 2009
Jennifer NelsonThe Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall
under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound
by the high court's previous ruling.
MoreLaw doesn't contain presumption on negligence
December 2, 2008
Jennifer NelsonThe Indiana Court of Appeals found a trial court committed a reversible error when it instructed a jury that Indiana law has
a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent. The ruling came in a
suit against a school for the death of a student.
MoreTermination of rights affirmed despite error
December 2, 2008
Jennifer NelsonA trial court erred when it failed to follow Indiana Code in a termination of parental rights hearing, the Indiana Court of
Appeals ruled today. Because the appellate court found the error to be harmless, it affirmed the involuntary termination of
a father's parental rights.
MoreCOA: Second amended complaint allowed
October 15, 2008
Jennifer NelsonA former Steak 'n Shake employee appealed the trial court's dismissal of his claims of defamation and invasion of
privacy against the company, which the Indiana Court of Appeals reversed and remanded today.
MoreCOA: Mortgage lien holder has priority
September 3, 2008
Jennifer NelsonThe Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the
mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was
enacted in 1999.
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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.