Indiana Court of Appeals

COA: Allowing removal of prosthetic eye not an abuse of discretion

March 29, 2017
Olivia Covington
A trial court’s decision to allow a woman to remove her prosthetic eye in the presence of the jury in a battery case was not an abuse of discretion because the relevancy of the demonstration was not outweighed by possible prejudice against the defendant, the Indiana Court of Appeals held Wednesday.
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COA affirms drug conviction, sentence

March 29, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
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Delinquency findings upheld against student who threatened to bomb school

March 29, 2017
Olivia Covington
The Marion Superior Court did not abuse its discretion when it admitted incriminating statements from a 13-year-old who threatened to bomb his school, the Indiana Court of Appeals has found, because the in-school interrogation of the student did not trigger a Miranda warning.
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COA affirms judgment for insurance company in work zone complaint

March 28, 2017
Olivia Covington
Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.
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Supreme Court takes multiple evidence admissibility appeals

March 27, 2017
Olivia Covington
The Indiana Supreme Court granted transfer to four appeals last week, three of which hinge on admissibility of certain evidence at the trial court.
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COA remands child support case

March 27, 2017
Olivia Covington
An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.
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COA awards summary judgment to city in mountain bike liability case

March 23, 2017
Olivia Covington
The Indiana Court of Appeals granted summary judgment in favor of the city of Indianapolis and Indy Parks and Recreation department after determining that the city was not liable for injuries sustained by a mountain biker as he was riding on a city-owned trail.
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Parents lose constitutional challenge of post-secondary school expenses

March 22, 2017
Jennifer Nelson
Bound by precedent, the Indiana Court of Appeals declined to find the statute allowing courts to impose post-secondary educational expenses on divorced parents is unconstitutional. The parents had argued the statute needs another look.
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COA rules park with no playground cannot enhance drug conviction

March 22, 2017
Marilyn Odendahl
A split Indiana Court of Appeals, divided over whether a park with no trees, no playground equipment and no benches could attract children during a school day, reversed a man’s conviction for Level 4 felony dealing in methamphetamine.
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Fitness to parent raised in man’s fatal neglect appeal

March 22, 2017
Dave Stafford
A man whose 4-month-old son died of malnutrition asked an appeals court to consider whether he was mentally capable of caring for the child while also invoking the jury’s right to question witnesses in contesting his conviction and 37-year sentence.
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Paying dues under right-to-work

March 22, 2017
Olivia Covington
Drivers claim illegal union withholdings in case where checkoff cards are key.
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Overruling COA, justices decide Florida law group must face suit

March 21, 2017
Dave Stafford
A Florida law group that hired several Indiana attorneys to represent clients in foreclosures and bankruptcies must face a civil lawsuit, the Indiana Supreme Court ruled Tuesday.
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Adjudicating on different CHINS petition allowed under Trial Rule 15(B), COA rules

March 21, 2017
Marilyn Odendahl
A troubled teenager found to be a child in need of services was properly adjudicated even though the juvenile court ruled the state did not meet its burden in proving the basis of its CHINS petition.
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Appeals court reverses CHINS finding

March 21, 2017
Dave Stafford
A trial court erred in declaring a boy in the custody of his father to be a child in need of services on account of his meth-abusing mother, the Indiana Court of Appeals ruled Tuesday.
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COA orders new attempted murder trial

March 17, 2017
Olivia Covington
The Indiana Court of Appeals has ordered a new trial in a Greene County attempted murder case after finding the trial court incorrectly applied the standard of a “knowing” mens rea, rather than a “specific intent to kill.”
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Insurance company wasn’t required to cover late claim

March 16, 2017
Olivia Covington
An insurance company was not required to defend an Indiana doctor in a medical malpractice case because the applicable insurance policy had expired before the insurer received notice of the claim.
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Teen’s felony murder conviction upheld

March 16, 2017
Olivia Covington
An man’s felony murder conviction in Elkhart County will stand after the Indiana Court of Appeals held Thursday there was sufficient evidence to support it and that the trial court did not err in instructing the jury.
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COA: Mother denied right to counsel in adoption proceeding

March 16, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a Johnson County adoption after finding the mother was denied due process when the adoption court found that she had waived her right to counsel.
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COA rejects ineffective counsel claim based on judge’s sentencing practices

March 15, 2017
Olivia Covington
A man who pleaded guilty to child molesting cannot prove that he received ineffective assistance of trial counsel, the Indiana Court of Appeals held Wednesday, but the post-conviction court must still address the issue of whether his plea was voluntary.
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Woman may amend tortious interference claim against Allison Transmission

March 15, 2017
Olivia Covington
A woman who alleges that an Indianapolis company contributed to her employment termination may continue her defamation claim against the company and amend her tortious interference claim pursuant to Indiana trial rules, the Indiana Court of Appeals has ruled.
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COA orders post-conviction court to reduce criminal confinement sentence

March 14, 2017
Olivia Covington
A man who pleaded guilty to criminal confinement will have his sentence reduced by eight years after the Indiana Court of Appeals held Tuesday that his trial attorney’s erroneous counsel led the man to make the decision to reject a previous plea agreement.
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Trial court must reconsider convicted murderer’s PCR petition

March 14, 2017
Olivia Covington
A convicted murderer facing life without parole in Franklin County is getting a second chance at post-conviction relief after the Indiana Court of Appeals found Tuesday the trial court did not consider all the post-conviction claims properly before it.
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COA reinstates father’s parental rights, terminates mother's

March 13, 2017
Olivia Covington
The Indiana Court of Appeals has allowed a Huntington County father to retain his parental rights to his son but terminated the mother’s parental rights after finding that she has not remedied the circumstances that led to her son’s removal from her home.
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Court must reconsider sanction for probation violations

March 13, 2017
Olivia Covington
An Indiana trial court must revisit the sanction it imposed pursuant to an agreement on a Washington County woman who violated her probation. The Indiana Court of Appeals held Monday that the trial court had discretion to determine what the appropriate sanction should be.
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COA upholds child molesting convictions

March 13, 2017
Olivia Covington
The Indiana Court of Appeals upheld a Marion County man’s various convictions for child molesting Monday, finding that the testimony of a pediatrician who examined the victim did not constitute vouching testimony.
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  1. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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