battery
Judges reverse felony sexual battery conviction
February 7, 2012
Jennifer NelsonBecause the state didn’t prove an essential element needed to convict a man of Class D felony sexual battery, the Indiana
Court of Appeals threw out his conviction. But there was enough evidence to support convicting the man of Class B misdemeanor
battery.
More7th Circuit affirms denial of habeas corpus petition
January 31, 2012
Jenny MontgomeryA man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he
received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
MoreCourt upholds finding man committed crime of domestic violence
December 22, 2011
Jennifer NelsonThe Indiana Court of Appeals affirmed the finding that a defendant committed a crime of domestic violence, which then made
it illegal for him to possess a firearm in the future. The judges determined there was enough evidence to support the finding
that the defendant and the victim were in a dating relationship, a key element in the charge.
MoreJudges dismiss man's untimely appeal
December 9, 2011
Jennifer NelsonThe Indiana Court of Appeals rejected a man’s argument that even though his appeal was untimely, the court should still
address his appeal because of “considerations of justice.”
MoreSupreme Court to hold arguments in St. Joseph County
November 11, 2011
IL StaffThe Indiana Supreme Court will visit Indiana University South Bend and Notre Dame Law School Monday to hear arguments in two
cases, including one in which a teen was sentenced to life without parole for murdering his brother.
MoreCOA: Judge erred in giving jury instruction
October 13, 2011
Jennifer NelsonA Jefferson Superior judge erred in giving a jury an instruction on a lesser included offense of domestic battery because
there wasn’t a serious evidentiary dispute about whether the battery was committed in the presence of children, the
Indiana Court of Appeals held Thursday.
MoreCOA: Court erred in admitting probable cause affidavit
October 5, 2011
Jennifer NelsonA trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation
revocation hearing, the Indiana Court of Appeals concluded Wednesday.
MoreVictim's statements to nurse allowed, but judges reverse convictions
August 22, 2011
Jennifer NelsonThe Indiana Court of Appeals concluded that a victim’s statements detailing her physical attack and identifying her
attacker were admissible in court and were nontestimonial, so the defendant’s confrontation rights weren’t violated.
However, the judges reversed the man’s convictions because the trial court shouldn’t have admitted prior misconduct
evidence involving the defendant and the victim.
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 addresses parental privilege in 2 opinions
May 31, 2011
Jennifer NelsonIn two cases involving the parental privilege defense, the Indiana Court of Appeals ruled in favor of a teacher who “flicked”
a special education student’s tongue and against a father hit his daughter numerous times with a belt.
MoreJustices address judicial-temperance presumption
May 6, 2011
Jennifer NelsonThe Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the
judicial-temperance presumption.
MoreCOA to hear arguments at Ivy Tech campuses
April 19, 2011
IL StaffThe Court of Appeals of Indiana will visit two Ivy Tech campuses Thursday to hear arguments in an insurance case and battery
case.
MoreCourt of Appeals to hear arguments at ISU
March 18, 2011
IL StaffThe Indiana Court of Appeals of Indiana will hear oral arguments on an appeal regarding a defendant’s conviction of
Class D felony sexual battery March 24 at 11 a.m. at Indiana State University’s Hulman Memorial Student Union.
MoreTrial court should decide educational credit time
March 11, 2011
Jennifer NelsonA trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing
is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
MoreCOA: Trial judges can't expand timetable on filing appeal notice
December 29, 2010
Michael HoskinsState trial judges do not have the power to expand the appeal filing timetable outlined by Appellate Rule 9, the Indiana Court
of Appeals cautioned today.
MoreJustices take 3 cases
December 20, 2010
IL StaffThe Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s
victim-advocate privilege.
MoreJustices: sentence shouldn't have been upped on appeal
December 10, 2010
Jennifer NelsonThe Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it
on appeal.
MoreMendenhall gets 40 years for attack
November 19, 2010
Jennifer NelsonAugustus Mendenhall, the attorney who attacked an Indiana state representative last year, received a 40-year sentence today
from a Hamilton County judge.
MoreAppellate court travels for arguments
October 18, 2010
IL StaffAs part of its “Appeals on Wheels” initiative, the Indiana Court of Appeals will hit the road this week to hear
arguments.
MorePre-trial ID of attacker allowed at trial
September 30, 2010
Jennifer NelsonThe trial court didn’t err in allowing a victim’s pre-trial identification of his attacker, the Indiana Court
of Appeals ruled today in a matter of first impression.
MoreCOA: Hearsay evidence properly admitted
September 22, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her
boyfriend hit her because the evidence was admissible under the excited utterance exception.
MoreAttorney found guilty but mentally ill in attack
September 16, 2010
Jennifer NelsonA Hamilton County jury found an attorney guilty but mentally ill on the five counts he faced following his attack on a state
representative nearly a year ago.
MoreCOA affirms doctrine of transferred intent applies
August 11, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated
for committing battery for hitting his teacher unintentionally when trying to punch another student.
MoreCOA: Trial court to decide pre-sentencing educational credit time
July 23, 2010
Elizabeth BrockettA trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing,
the Indiana Court of Appeals ruled today.
MoreMan gets new trial because of ineffective counsel
July 8, 2010
Elizabeth BrockettBased on ineffective assistance of counsel, the Indiana Court of Appeals today reversed on direct appeal a man’s domestic
battery conviction and remanded the case for a new trial.
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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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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.