Indiana Court of Appeals
COA addresses equine statute for first time
August 16, 2010
Jennifer NelsonRuling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.
MoreAdmittance of psychologist's testimony requires new trial
August 13, 2010
Jennifer NelsonThe Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
MoreJudges split in adopted trust-beneficiaries matter
August 13, 2010
Jennifer NelsonIn an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
MoreMajority affirms default judgment against Sears
August 12, 2010
Jennifer NelsonThe Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.
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.
MoreCouple should have jury trial on legal claims
August 11, 2010
Jennifer NelsonA couple whose home is being foreclosed on is entitled to a jury trial on their legal claims against the mortgage holder and
loan servicer, the Indiana Court of Appeals ruled today.
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.
MoreFelony can't be modified to misdemeanor 9 years later
August 6, 2010
Rebecca BerfangerIn a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification
of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty
to operating a vehicle while intoxicated.
MoreCourt: Man properly executed will, not under undue influence
August 6, 2010
Elizabeth BrockettThe Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children
questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding
undue influence.
MoreJudges find ruling denied mentally ill man's due process rights
August 5, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him
because not dismissing the charges was a violation of his due process rights.
MoreMan entitled to commission, but a reduced amount
August 4, 2010
Jennifer NelsonBecause a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling
crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured
in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his
former employer owed him due to draws and set-offs.
MoreAppellate rulings can create confusion for attorneys, trial judges
August 4, 2010
Michael HoskinsClear and concise court rulings are what judges hope can be produced, so that lawyers and lower courts can have guidance on
how to address a particular legal issue. But that doesn’t always happen.
MoreWoman loses bid for new trial, appeals
August 4, 2010
Michael HoskinsA Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has
lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.
MoreCourt: insufficient notice bars tort claim
August 3, 2010
Elizabeth BrockettThe Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.
MoreCOA extends judicial immunity to arbitrators
August 3, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.
MoreJustices grant 3 transfers
August 3, 2010
IL StaffThe Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices
examined a total 35 cases that were before them for possible transfer.
MoreCourt defines due process rights for drug court participants
July 30, 2010
Jennifer NelsonThe Indiana Court of Appeals agreed with a defendant that his due process rights were denied when his participation in a drug
court program was ended without giving him notice of a hearing, or allowing him to present evidence and cross-examine witnesses.
MoreCourt declines to review commitment cases differently
July 29, 2010
Jennifer NelsonThe Indiana Court of Appeals declined Thursday to change how it reviews cases dealing with involuntary commitment.
MoreMother of stillborn fetus satisfies actual victim requirement in Med-Mal Act
July 27, 2010
Jennifer NelsonThe Indiana Court of Appeals held today that a mother who suffers a stillbirth due to medical malpractice qualifies as an
injured patient and satisfies the actual victim requirement under the Medical Malpractice Act, regardless of whether the malpractice
resulted in injuries to the mother, fetus, or both.
MoreJudge worries ruling may make bright-line rule in traffic stops
July 27, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges each wrote their own opinion on whether a police officer’s safety concerns
were legitimate enough to allow the officer to search a car after a traffic stop.
MoreArbitration of FCRA claim survives bankruptcy discharge
July 26, 2010
Jennifer NelsonA man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy
proceedings, the Indiana Court of Appeals ruled today.
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.
MoreJudges disagree on whether grandfather can adopt
July 21, 2010
Jennifer NelsonJudges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but
allow the mother to retain her parental rights under Indiana law.
MoreMedicaid applications review policy doesn't violate federal law
July 21, 2010
Jennifer NelsonAn administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability
application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled
today.
MoreAttorney fees not recoverable under adult wrongful death statute
July 20, 2010
Elizabeth BrockettThe Indiana Court of Appeals today disagreed about an issue of first impression regarding recovery of attorney fees under
the adult wrongful death statute.
More
Sponsored by
on Facebook & Twitter
on Facebook & Twitter
Indiana Lawyer on Facebook
ADVERTISEMENT
-
Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
-
More than half of Conour’s inventoried assets gone, feds say
-
Indianapolis law firm Stewart & Irwin closing
-
Longest-practicing female attorney in Indiana has no plans to retire
-
Criminal code and expungement bills signed by governor
-
Lawyer who emailed nude film clip to harm ex-intern suspended 3 years
-
Indianapolis law firm Stewart & Irwin closing
-
More than half of Conour’s inventoried assets gone, feds say
-
SCOTUS rules against Indiana farmer in seed patent case
-
Social media sleuths find evidence, but admissibility requires authentication
Court Calendar
-
May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
-
May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
-
June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
-
June 18, 2013 State of Indiana v. Robert Owens - 6/18/13
ADVERTISEMENT
Back to TopCopyright © All Rights Reserved. Privacy Policy | Terms of Use.
Design, CMS, Hosting & Web Development :: ePublishing.
Additional Hosting & Delivery by
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.