David Everett Mosley

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)

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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.