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Recently:: Jury aquits man who admitted escape from prison.
CLARK COUNTY, Ind. —
An Indiana man admitted to a prison escape, but a jury found him not guilty of the charge of felony escape. Rodney Miller was the subject of a manhunt in December after he got out of the Henryville Correctional Unit. “Escape is kind of like a no-brainer. It's ‘Is you is or is you ain't in jail?’ You know? And if you ain't you're guilty, right? That's what I thought,” defense attorney David Mosley said.
When the court handed Mosley Miller’s case, he learned there was more to the story. Some facts were indisputable. There is video of Miller leaving the now-closed minimum security Henryville Correctional Unit in December. Miller was later found 90 miles away from the complex with his girlfriend.
Miller said he escaped because he was afraid his girlfriend was going to abort their child.
Mosley mounted a defense using a rarely cited Indiana law of a crime of duress. “I just thought this is absolutely crazy. He pulled it out of a hat.” Clark County Deputy Prosecutor Zynthia Arocena said. Arocena showed WLKY an interview in which she said Miller contradicted his claim that the escape was about his girlfriend.
The jury deliberated for about 30 minutes. The verdict? Not guilty.
He was being held on a felony theft charge.
If he had been convicted, he faced four years in prison. (By Ben Jackey, WLKY NEWS)
In practice since 1986, Mr. Mosley's wide experience includes criminal and civil trials, state and federal appellate work, administrative law, election law, municipal law and family law. A number of his cases have resulted in published opinions. He has authored articles that appeared in Res Gestae. He was selected as "the best" local attorney by Evening News-Tribune Poll of Clark and Floyd County readers. Martindale-Hubbell ranks him fifth in prominence in Clark County and gave him its highest ranking for ethics and integrity. At the beginning of his career he was mentored by Frank E. Haddad, Jr., and Burton Milward (author of Kentucky Criminal Practice and Reversible Error in Kentucky...both handbooks for practicing criminal law in Kentucky). He has appeared numerous times in local televised news reports and appeared twice on the Nancy Grace CNN network program as a guest commentator.
Representative past and current employment or clients include, Clark County Government, Town of Utica, Town of Sellersburg, EMC corporation, N-Flyte Trucking, Clark County Prosecutor's Office, Clark County Public Defender Office and a host of private individuals.
Mr. Mosley has taught in ICLEF seminars on Capital cases and trial practice. He is a recipient of the Pro Bono Publico award by the Clark and Floyd County Indiana Bar Associations. He is a past or current member of the Indiana Bar Association, The Seventh Circuit Bar Association, the Clark County Indiana Bar Association, the Sherman Minton Inns of Court. He is licensed to practice and has appeared before all levels of Indiana State Courts. He is licensed in the Southern District of Indiana Federal District Court, the Seventh Circuit Court of Appeals and the United States Supreme Court.
|IN||Active In Good Standing||1986||10/12/2022|
|Award name||Grantor||Date Granted|
|Appreciation||Indiana Public Defender Council||2009|
|Best Local Attorney||Evening News-Tribune||2008|
|Service Award||Clark County Public Defender||2000|
|Pro Bono Publico Award||Floyd and Clark County Bar Associations||1997|
|Founding Member||Mosley, Bertrand, Jacobs and McCall||1995 - Present|
|Attorney||Town of Utica||1991 - 1995|
|Attorney||Clary, Hess, Guilfoyle, Thomas and Wilder||1988 - 1990|
|Attorney||Town of Sellersburg||1988 - 1991|
|Deputy Prosecutor||Clark County Prosecutor's Office||1986 - 1988|
|Association name||Position name||Duration|
|U.S. Supreme Court||2004 - Present|
|Seventh Circuit Bar Association||1992 - Present|
|Indiana State Bar Association||1986 - Present|
|Clark County Indiana Bar Association||1986 - Present|
|Association of Trial Lawyers of America||1995 - 2000|
|Sherman Minton Inns of Court||1995 - 2001|
|Res Gestae (Indiana State Bar Association)||Innovations in Trial Procedure: Discussion of Evidence During Trial||2000|
|Louis D. Brandeis School of Law at the University of Louisville||Juris Doctor||1986|
|University of Louisville||BA - Bachelor of Arts||1982|
|Trial Practice Seminar||Trial Practice||2010|
|Death Penalty Defense||Life Without the Possibility of Parole||2009|
|State v. Myers||Plead to amended charges as misdemeanors and probation.|
|In Re K.C.||Case dismissed.|
|Estate of C.M. vs. J.H. and F.M.H.||Pending|
|United States v. Raisley||Client released from detention|
|Jones v. Eerie Insurance||Verdict for client: $212,000|
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