Indiana Court of Appeals

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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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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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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