Indiana Court of Appeals
COA reverses conviction after BMV stumbles over address
January 2, 2013
Marilyn OdendahlA driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals
found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
MoreIn test of 2012 emancipation law, COA affirms denial of college expenses
January 2, 2013
Dave StaffordA statutory change in the age of emancipation for child support, except for educational support, does not preclude courts
from modifying educational support obligations when parents demonstrate changes in their financial circumstances, the Indiana
Court of Appeals ruled Monday.
MoreTraffic stop based on companion’s statement did not violate constitutional protections
January 2, 2013
Marilyn OdendahlPolice had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals
has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
MorePrevious back problems not enough to disqualify public employee from disability benefits
January 2, 2013
Marilyn OdendahlAlthough an employee had a pre-existing condition, the Indiana Court of Appeals ruled his on-duty injury qualified him for
Class 1 impairment disability benefits from the Indiana Public Employee Retirement Fund.
More2012 Year in Review
January 2, 2013
IL Staff2012 was another busy year for the legal community. We welcomed new justices and a new chief justice, witnessed the beginnings
of the state’s fifth law school, and saw local stories garner national and international attention. Here’s a look
back at the top news stories from last year.
MorePublic-record email case focuses on scope of requests
January 2, 2013
Dave StaffordA dustup over access to public records reveals an uncertain standard exists for what is considered a reasonable request to
disclose public officials’ emails under Indiana public record laws.
MoreCourt cites fishy documents in reversing support order
December 28, 2012
Dave StaffordA Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his
children’s mother, because Canadian court documents and other filings should not have been considered, the Court of
Appeals ruled.
MoreVintage Corvette belongs to the last buyer
December 28, 2012
Marilyn OdendahlAlthough a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on
eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.
MoreDuke loses appeal of scandal-touched IURC rate case reversal
December 28, 2012
Dave StaffordThe Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million
for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state
regulators.
MorePublic interest in reducing poverty is grounds for application of doctrine of laches
December 27, 2012
Marilyn OdendahlIn overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be
applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges
conflicts with the public’s interest in reducing poverty.
MoreTesty divorce remanded for recalculation
December 27, 2012
Dave StaffordA divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
MoreCOA affirms ruling in suit brought after fatal train accident
December 27, 2012
Dave StaffordThe trial court did not err in concluding that a genuine issue of material fact exists as to whether federal preemption applies
with respect to the adequacy of the traffic warning devices installed at a railroad crossing where a fatal accident occurred
in 2009, the Indiana Court of Appeals affirmed Thursday.
MoreAppeals court reinstates injured motorist’s claim against insurer
December 27, 2012
Dave StaffordA driver’s claim against an insurance company that was dismissed by a trial court was reinstated by the Indiana Court
of Appeals on Thursday.
MoreAppeals court upholds Medicaid fraud charges
December 27, 2012
Dave StaffordA woman charged with defrauding Indiana’s Medicaid program of nearly $350,000 lost the appeal of her partial motion
to dismiss the charges.
MoreSnow forces court, office closures
December 26, 2012
Jennifer NelsonMany people in Indiana may be enjoying an extra-long Christmas vacation thanks to blizzard-like conditions in parts of the
state. Heavy snow and high winds have led to closures, including Indiana’s appellate courts.
MoreMan’s child molesting conviction upheld
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals acknowledged that although a defendant did not receive a perfect trial, it is confident that
Steven Malloch received a fair trial on a charge of Class A felony child molesting relating to his stepdaughter.
MoreCOA upholds cocaine convictions, sentence
December 21, 2012
Jennifer NelsonThe Indiana Court of Appeals rejected a defendant’s arguments to overturn his two convictions of Class A felony possession
of cocaine, including that he should have been granted a speedy trial and the trial court erred when it rejected his tendered
jury instruction.
MoreJudges affirm criminal recklessness conviction
December 21, 2012
Jennifer NelsonSomeone shooting at a residence, for purposes of a criminal recklessness prosecution, may create a substantial risk of bodily
injury to another person even if the resident is away from the home at the moment of the shooting, the Indiana Court of Appeals
held in a first impression case.
MoreJudges reinstate administrative order to refund excessive title insurance premiums
December 19, 2012
Jennifer NelsonAfter finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging
of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by
the Indiana commissioner of insurance to refund excessive premiums.
MoreCOA orders continuation of insurer’s case against tenant
December 19, 2012
Jennifer NelsonBecause Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant
and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court
of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action
against the tenant after a fire started on her patio.
MoreJustices reinstate 80-year sentence
December 19, 2012
Jennifer NelsonDisagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana
Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s
two young daughters.
MorePowers collide in utility rate case charged by ethics scandal
December 19, 2012
Dave StaffordUndue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
MoreState drops charges against mom whose murder, arson convictions were overturned
December 18, 2012
Jennifer NelsonThe state has dropped charges against Kristine Bunch, the Decatur County woman who claimed she was wrongfully convicted of
killing her son in a fire in 1995. Bunch was convicted in 1996 of murder and arson, but the Court of Appeals ordered a new
trial this year.
MoreAttempted ‘hybrid’ defense delay didn’t violate speedy trial rule
December 18, 2012
Dave StaffordA criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender
was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
MoreThe Star asks Supreme Court to review order to name online commenter
December 18, 2012
Dave StaffordThe Indianapolis Star has asked the Indiana Supreme Court to hear its appeal of an order that it identify an anonymous
commenter who posted messages on its website that became part of a defamation suit.
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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.