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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)
http://www.wlky.com/article/jury-acquits-man-who-admitted-to-prison-escape/3768389
and
http://www.newsandtribune.com/clarkcounty/x1760079988/Man-charged-in-fatal-golf-cart-crash-agrees-to-plea-deal
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.
Practice areas
Misdemeanors to Major Felonies. Admitted in State and Federal Courts. Recognized as an Expert in Trial Practice. Significant Appellate Experience.
36 years, 4,500 cases
Total recoveries for clients in often difficult cases. Trial experience.
36 years, 125 cases
Wide experience in all aspects affecting familys. Divorce, Paternity, DCS, Child Support, Custody etc.,
26 years, 1,200 cases
Former Town Attorney. (two municipalities) Former DCS counsel. Current County Contract Attorney. Special Counsel, Clerk-Treasurer. Remonstrance attorney. Various miscellaneous cases involving local and state government.
36 years, 400 cases
Languages spoken
French
332 Spring
332 Spring Street
Jeffersonville, IN, 47130
State | Status | Acquired | Updated |
---|---|---|---|
IN | Active In Good Standing | 1986 | 03/31/2022 |
Legal answers | 19 |
Legal guides | 0 |
Award name | Grantor | Date Granted |
---|---|---|
BV Rated | Martindale-Hubbell | 2016 |
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 |
Title | Company name | Duration |
---|---|---|
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 |
Publication name | Title | Date |
---|---|---|
Res Gestae (Indiana State Bar Association) | Innovations in Trial Procedure: Discussion of Evidence During Trial | 2000 |
School name | Degree | Graduated |
---|---|---|
Louis D. Brandeis School of Law at the University of Louisville | Juris Doctor | 1986 |
University of Louisville | BA - Bachelor of Arts | 1982 |
Conference name | Title | Date |
---|---|---|
Trial Practice Seminar | Trial Practice | 2010 |
Death Penalty Defense | Life Without the Possibility of Parole | 2009 |
Case name | Outcome |
---|---|
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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Raymond Lowe, Criminal defense Attorney on Jul 25, 2017
Relationship: Opposing Counsel on matter
David never, ever gives up on his client. We have battled on more than one case and he provides excellent representation to his clients. I endorse this lawyer.
Matthew Lemme, Criminal defense Attorney on Dec 15, 2016
Relationship: Opposing Counsel on matter
Experienced and knowledgeable advocate. Effective in trial. Very persuasive and well prepared. Trusted and well liked by colleagues and clients.
Raymond Lowe, Criminal defense Attorney on Jul 25, 2017
Relationship: Opposing Counsel on matter
David never, ever gives up on his client. We have battled on more than one case and he provides excellent representation to his clients. I endorse this lawyer.
Matthew Lemme, Criminal defense Attorney on Dec 15, 2016
Relationship: Opposing Counsel on matter
Experienced and knowledgeable advocate. Effective in trial. Very persuasive and well prepared. Trusted and well liked by colleagues and clients.
Nicholas Karaffa, Criminal defense Attorney on Mar 11, 2016
Relationship: Fellow lawyer in community
Dave is great attorney and works hard for his clients.
William McCall, Criminal defense Attorney on Feb 22, 2016
Relationship: Co-worker
David and I have worked as co-counsel on several criminal cases. He is a gifted lawyer working tirelessly and zealously to defend his clients. David loves the law, he is resourceful and extremely knowledgeable. I endorse this lawyer.
Bart Betteau, Criminal defense Attorney on Mar 19, 2014
Relationship: Fellow lawyer in community
I endorse this lawyer. David is a Great Lawyer and a Fine Gentleman! Your not making a mistake by contacting him.
Stacy Uliana, Criminal defense Attorney on Mar 15, 2014
Relationship: Worked together on matter
I endorse this lawyer. Dave is a dedicated, effective and caring attorney. If I ever needed help, I would go to Dave.
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