Indiana Court of Appeals
Arguments Thursday in infant sleeping death
August 12, 2009
IL StaffThe Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while
sleeping on a couch with his mother.
MoreJudge argues ruling puts form over substance
August 10, 2009
Jennifer NelsonThe chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes
the decision leads to "an inequitable result."
MoreCourt upholds out-of-state juvenile placement
August 10, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over
the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to
place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to
out-of-state facilities from DCS to the counties.
MoreCounty must pay for parent's appointed attorney
August 7, 2009
Jennifer NelsonNoting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals
judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel
in these types of proceedings.
MoreCOA: physical condition, injury equal one injury
August 6, 2009
Michael HoskinsThe Indiana Court of Appeals isn't convinced it needs to address the issue of pre-existing, non-work related physical
conditions as it relates to a pizzeria cook's worker compensation case.
MoreCouple should be allowed truck title
August 5, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in favor of a couple in a vehicle title dispute, ruling the pair should
be allowed to take the title free of an auto auction's security interest in the truck.
MoreInsurer must provide underinsured coverage
August 4, 2009
Jennifer NelsonAn insurance policy that doesn't provide uninsured or underinsured motorist coverage to all insureds is contrary to public
policy based on Indiana statute, affirmed the Indiana Court of Appeals.
MoreCOA: Trial delays not defendant's fault
August 4, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a motion for discharge pursuant to Criminal Rule 4(C) because the court
incorrectly attributed delays to the defendant.
MoreCOA reverses one dismissal of inmate's suit
August 3, 2009
Jennifer NelsonThe New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today.
The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a
Department of Correction rule violation for filing a frivolous claim.
MoreCOA: University should get summary judgment
July 30, 2009
Jennifer NelsonThe Indiana Court of Appeals ruled in favor of the trustees of Indiana University, finding the trial court erred when it denied
summary judgment for the school and concluded a provision in an agreement between the school and a fired professor was ambiguous.
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.
MoreCOA rules on coal bed gas dispute
July 24, 2009
Jennifer NelsonIn settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the
Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed
gas lease.
MoreCOA splits in application of statute in med-mal suit
July 23, 2009
Jennifer NelsonThe issue of whether the Journey's Account Statute applied to a woman's medical malpractice claim filed after the
statute of limitations expired caused a split of an Indiana Court of Appeals panel.
MoreCourt rules on suspended sentence issue
July 23, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully
executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review
under Appellate Rule 7(B).
MoreCOA declines ruling on constitutionality of plan
July 22, 2009
Jennifer NelsonThe Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders
based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality
of the program.
MoreStatute doesn't authorize dismissal of charges
July 21, 2009
Jennifer NelsonEven if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency
hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges
as the defendant argues.
MoreCOA: Only deceased's parent can have visitation
July 20, 2009
Jennifer NelsonA paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing
to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.
MoreJudge to throw out first pitch at pro bono night
July 17, 2009
Jennifer NelsonIndiana Court of Appeals Judge Melissa May will throw out the first pitch tonight at a Gary baseball game at which attorneys
will be honored for their pro bono work.
MoreJudges: Court should have questioned jurors
July 15, 2009
Jennifer NelsonJudges on the Indiana Court of Appeals disagreed as to whether a man's murder conviction should be overturned because
the trial court failed to investigate the impact of threats made against the jury. The majority determined the lack of action
by the trial court resulted in a fundamental error that required reversing the conviction, but that he could be retried.
MoreCOA: Dog sniff requires reasonable suspicion
July 14, 2009
Jennifer NelsonAnalyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct
a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion,
it established the officers relied on the warrant executed after the sniff in good faith.
MoreJudges: Town ordinance invalid
July 14, 2009
Jennifer NelsonThe Indiana Court of Appeals declared today a Plainfield town ordinance authorizing the imposition of storm-water fees on
properties outside of the town's corporate boundaries to be invalid because under Indiana Code, the town only has the
authority to collect the fee within its corporate limits.
MoreAttempted murderer may adopt under statute
July 13, 2009
Jennifer NelsonUnder Indiana statute for adoption, attempted murder isn't listed as a conviction that would prohibit a court from granting
the adoption, but aggravated battery is.
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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.