Indiana Court of Appeals

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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Judges uphold dismissal of motion to set aside dissolution decree

March 10, 2017
Olivia Covington
The Indiana Court of Appeals has rejected a LaPorte County man’s appeal of the dismissal of his motion to set aside a dissolution decree, finding he did not follow the proper procedure to have his motion heard.
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COA denies rehearing in Lake Michigan public trust case

March 10, 2017
Dave Stafford
The Indiana Court of Appeals won’t rehear its Dec. 7 decision finding that the public trust doctrine controls the shore of Lake Michigan between the ordinary high- and low-water marks, allowing people to walk the shore.
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COA affirms summary judgment to GEICO in parking lot altercation

March 10, 2017
Olivia Covington
Summary judgment was properly granted to an insurance company that declined to cover the cost of a judgment entered against one of its clients because the client did not have an “active relationship” with the insured vehicle at the time of the incident, the Indiana Court of Appeals held Friday.
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Trial court had no statutory authority to impose second public defender fee

March 10, 2017
Olivia Covington
The Marion Superior Court abused its discretion in imposing a second supplemental public defender fee on an indigent litigant because it lacked statutory authority to impose the fee, the Indiana Court of Appeals ruled Friday.
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COA orders transfer of state habeas petition to Monroe County

March 10, 2017
Olivia Covington
The Henry Circuit Court must transfer a man’s petition for writ of state habeas corpus to Monroe County, where the man was convicted, after the Indiana Court of Appeals held Friday that Indiana Post-Conviction rules require the petition to be considered in the conviction court.
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COA orders man to transfer investment accounts to ex-wife

March 9, 2017
Olivia Covington
The Indiana Court of Appeals has ordered an Allen County man to transfer total ownership of three investment accounts to his ex-wife after finding that an original court order from 2011 required him to do so.
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Judges affirm son not entitled to dad’s deathbed gift of cars

March 9, 2017
Olivia Covington
A son whose father deeded him two vehicles on his deathbed must return those vehicles to his father’s estate after the Indiana Court of Appeals found Thursday that the son had not overcome the presumption of undue influence.
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COA allows accountant malpractice claim to continue

March 8, 2017
Olivia Covington
The Indiana Court of Appeals has allowed an accountant malpractice claim to continue after holding that the economic loss rule and provisions with a contract do not bar a tort complaint.
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COA reverses summary judgment in third appeal in business case

March 7, 2017
Olivia Covington
In the third appeal regarding alleged business relationships between several men, the Indiana Court of Appeals has reversed summary judgment for the owners of the business in question, holding that there remains a genuine issue of material fact as to whether the other men suffered damages when they were denied ownership interests.
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COA orders trial court to comply with Trial Rule 59 in custody case

March 3, 2017
Olivia Covington
A Putnam Superior Court must reconsider a motion to correct error on a child custody modification motion, the Indiana Court of Appeals held Friday, because the trial court did not provide a reason for granting the motion to correct.
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After rehearing, COA reaffirms judgment in favor of Barnes & Thornburg

March 2, 2017
Olivia Covington
After granting a rehearing to adopt a previous holding by the Indiana Supreme Court, the Indiana Court of Appeals Thursday reaffirmed a lower court’s grant of summary judgment in favor of Barnes & Thornburg LLP on a legal malpractice claim.
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COA: Trial court can hear complaint stemming from bankruptcy proceedings

March 2, 2017
Olivia Covington
The Indiana Court of Appeals has instructed the Delaware Circuit Court to hear a case stemming from the sale of interests in a bankruptcy proceeding after determining that the trial court has jurisdiction over the complaint.
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Defendant who requests right to speak should be allowed to speak, COA rules

March 2, 2017
Olivia Covington
A Marion County woman will be given an opportunity to urge the court not to revoke her placement in a work release program after the Indiana Court of Appeals held Thursday that the trial court had violated her right to allocution by refusing to let her speak.
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COA to hear right-to-work case at IU Maurer

March 1, 2017
IL Staff
A panel of the Indiana Court of Appeals will hold oral arguments in a case involving Indiana’s controversial right-to-work law at the Indiana University Maurer School of Law this week.
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COA reverses Purdue voyeurism conviction

February 28, 2017
Olivia Covington
A man convicted of voyeurism in a Purdue University sorority house has had his convictions reversed, though the Indiana Court of Appeals held Tuesday that the man could be retried.
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Court of Appeals reverses felony possession of handgun conviction

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a man’s felony firearm conviction after finding that a protective sweep performed in his apartment after his arrest was improper.
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COA: Adverse possession gives farm owner title to Boone Co. property

February 28, 2017
Olivia Covington
The Indiana Court of Appeals has ruled that a farm owner is the legal title holder of a disputed 61-foot-wide portion of a Boone County property, holding that the doctrine of adverse possession gives him the title.
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  1. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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