Indiana Court of Appeals
Judges order proceedings on guarantors’ liability
August 15, 2012
Jennifer NelsonThe Indiana Court of Appeals affirmed in part and reversed in part a dispute between a company and its mortgage holder regarding
how money received from the city of Lawrenceburg as part of a settlement should be applied to the mortgage.
MoreMan did not validly waive right to jury trial
August 15, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed a Vanderburgh County man’s misdemeanor convictions of battery and public intoxication,
finding he did not waive his right to a jury trial.
MoreNurses may be expert witnesses in some standard of care disputes
August 15, 2012
Jennifer NelsonThe Indiana Court of Appeals declined Wednesday to create a blanket rule that nurses cannot qualify as expert witnesses under
the Indiana Evidence Rule and testify as to whether a health care provider breached a standard of care or whether an alleged
breach caused an injury.
MoreCOA finds evidence supporting restitution order too flimsy
August 14, 2012
Marilyn OdendahlA victim of a burglary will have to turn to the civil process to get restitution after the Indiana Court of Appeals reversed
and remanded with instructions a trial court’s order that provided the victim with $711.95 in compensation.
MoreSentence affirmed for child molestation conviction
August 14, 2012
Dave StaffordAn Adams Circuit judge’s sentence of 90 years in prison for a man convicted of molesting two girls ages 7 and 9 and
for being a habitual offender was not inappropriate, the Indiana Court of Appeals ruled Tuesday.
MoreAppeals court sends dissolution lawsuit back to trial court
August 14, 2012
Dave StaffordThe dissolution of a family-owned limited partnership was remanded to a Lake County court Tuesday after the Indiana Court
of Appeals ruled that the trial court erred in allowing some of the partners to pursue a derivative action.
MoreAppeals court partially reverses denial of familial sale from trust
August 14, 2012
Dave StaffordA trustee who canceled the sale of Johnson County farmland from mother to son was within her rights to do so, but the 91-year-old
mother was capable of executing the agreement, the Indiana Court of Appeals ruled Tuesday.
MoreWoman unable to prove attorney actions were prejudicial
August 13, 2012
Marilyn OdendahlA woman’s petition for post-conviction relief on the grounds her trial counsel was ineffective was denied by the Indiana
Court of Appeals.
MoreTrial court erred in abrogating homeowner’s obligation to pay fees to HOA
August 13, 2012
Marilyn OdendahlThe Indiana Court of Appeals reversed a trial court’s ruling that changes in a gated residential vacation and retirement
community were so radical as to abrogate a homeowner’s obligation to pay yearly fees to the homeowners association.
MoreAppeals court affirms molestation conviction
August 13, 2012
Dave StaffordA child molestation conviction will stand after the Indiana Court of Appeals on Monday rejected a defendant’s arguments
that the conviction should be reversed because of a prosecutor’s references to the defendant's failure to testify
and that the evidence was insufficient.
MoreCourt affirms judgment against home contractor
August 13, 2012
Dave StaffordA home repair contractor lost an appeal of an award against him, but he won’t have to pay the attorney fees of the party
that won the judgment, the Indiana Court of Appeals ruled.
MoreCourt reverses summary judgment in mixed martial arts TV suit
August 10, 2012
Dave StaffordA dispute over idea misappropriation and civil conversion involving the origin of televised mixed martial arts through HDNET
Fights was sent back to the trial court Friday. The Court of Appeals ruled that Marion Superior Court’s grant of partial
summary judgment in favor of a sanctioning body that had suggested the development of a similar idea was in error.
MorePortion of malpractice statute of limitations ruled unconstitutional in some cases
August 10, 2012
Dave StaffordA woman’s malpractice lawsuit against the estate of a Marshall County doctor who died more than two decades ago will
go forward, the Indiana Court of Appeals ruled. The court found the two-year statute of limitations on medical malpractice
claims unconstitutional in certain cases.
MoreCourt of Appeals orders trial court to re-evaluate child support order
August 9, 2012
Jennifer NelsonThe Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated
the mother’s current income and made other errors.
MoreJudges affirm drunk-driving conviction
August 9, 2012
Jennifer NelsonA Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a
Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
MoreMCBA to raise funds for Darden scholarship
August 8, 2012
IL StaffThe Marion County Bar Association is hosting a retirement dinner for Senior Judge Carr Darden Sept. 14. Darden stepped down
from the Indiana Court of Appeals last month. All proceeds from the event will benefit the MCBA and the Judge Carr L. Darden
and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund.
MoreCOA upholds domestic battery conviction
August 7, 2012
Jennifer NelsonA trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity
to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
MoreTrial court erred in finding provision was liquidated damages clause
August 7, 2012
Jennifer NelsonA forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden
property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday.
The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
MoreCourt affirms judgment for developer, real estate company in suit over sinking home
August 7, 2012
Jennifer NelsonA couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages
because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
MoreMan unable to show prejudice by attorney’s lack of deportation advisement
August 7, 2012
Jennifer NelsonA Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction
relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s
failure to advise him that automatic deportation is a consequence of his guilty plea.
MoreAgreement doesn’t preclude subsequent lawsuit for water damage
August 7, 2012
Jennifer NelsonA release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work
that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage
to their home in 2007, the Court of Appeals held.
MorePyle: COA appointment an ‘awesome honor’
August 7, 2012
Jennifer NelsonGov. Mitch Daniels Tuesday appointed Madison Circuit Judge Rudolph Pyle III to the Indiana Court of Appeals, filling a vacancy
left by Pyle’s mentor, Judge Carr Darden.
MoreGovernor appoints Rudolph Pyle to Court of Appeals
August 7, 2012
Jennifer NelsonGov. Mitch Daniels announced Tuesday morning that Madison Circuit Judge Rudolph Pyle III will fill the vacancy on the Indiana
Court of Appeals left by Judge Carr Darden’s retirement in July.
MoreJudges: Grant bank’s request for receiver
August 6, 2012
Jennifer NelsonBecause PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not
relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of
a receiver was an error, the Indiana Court of Appeals concluded.
MoreCourt affirms convictions of man who shot at teenagers
August 6, 2012
Jennifer NelsonA Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into
his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
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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.