Judge Ezra H. Friedlander

Judges rule man's right to speedy trial was violated

August 30, 2010
Jennifer Nelson
The state had an affirmative duty to pursue prosecution of a defendant under his right to a speedy trial, the Indiana Court of Appeals ruled today. The appellate court also disapproved of the state’s blanket policy to not attempt to secure the attendance of an accused incarcerated person in a foreign jurisdiction until he has finished serving his sentence there.
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Judges: 2-year statute of limitations doesn't apply

August 10, 2010
Jennifer Nelson
The 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.
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Use of wrong statute requires reversal of dealing conviction

July 7, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a Class A felony conviction of dealing in cocaine because the trial court instructed the jury on an incorrect version of the statute that allows for enhancing dealing convictions.
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Court rules on liability in nursing home accident

June 10, 2010
Michael Hoskins
The Indiana Court of Appeals today turned to an issue that has been dealt with few times in state court history:

What happens when a nursing home facility brings a local string band to play for the residents, and one of those volunteers arrives on the property and drives into the building before the performance, jumping a curb and striking a nursing home resident on the front porch before crashing into the building itself?
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COA: Government vehicle exclusion is void

November 25, 2009
Jennifer Nelson
The Indiana Court of Appeals concluded today in a matter of first impression that the government vehicle exclusion in underinsured motorist policies is void as against public policy.
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Judges disagree on when escape occurs

October 7, 2009
Jennifer Nelson
The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.
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Testimony showed intent in identity deception

October 5, 2009
Jennifer Nelson
During a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's prior interaction with the victim of his identity theft and previous instances of using the victim's information, the Indiana Court of Appeals concluded today.
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Judges disagree as to athlete's eligibility

September 24, 2009
Jennifer Nelson
One Indiana Court of Appeals judge believed his colleagues strayed from the evidence of recruitment and instead focused the family's financial plight when they decided the high school athlete didn't transfer schools primarily for athletic reasons.
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Judges: Court should have questioned jurors

July 15, 2009
Jennifer Nelson
Judges 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.
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Forged agreement presents question of fact

April 29, 2009
Jennifer Nelson
A company that forged a former employee's non-compete contract and later sued and settled with another company over that false document isn't entitled to summary judgment in a new suit brought by the other company after it learned the document was forged, ruled the Indiana Court of Appeals.
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Teen's Fourth Amendment rights not violated

March 9, 2009
Jennifer Nelson
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
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Sexual misconduct doesn't fall under MedMal act

November 6, 2008
Jennifer Nelson
The Indiana Court of Appeals today affirmed a trial court determination that an employee's sexual conduct with a patient can't constitute a rendition of health care or professional services, so a negligent hiring complaint against a hospital based on that conduct doesn't fall under the Indiana Medical Malpractice Act.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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