COA: Mother denied right to counsel in adoption proceeding
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
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.
Woman may amend tortious interference claim against Allison Transmission
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.
Justices uphold St. Joseph County foreclosure
The Indiana Supreme Court has ruled in favor of a mortgage company that foreclosed on a St. Joseph County couple’s home, holding that although the couple’s personal liability was discharged under Chapter 7 liquidation, the lien on the property was still an enforceable action.
COA orders post-conviction court to reduce criminal confinement sentence
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.
Trial court must reconsider convicted murderer’s PCR petition
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.
Judges uphold dismissal of motion to set aside dissolution decree
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.
COA affirms summary judgment to GEICO in parking lot altercation
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.
Trial court had no statutory authority to impose second public defender fee
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.
COA orders transfer of state habeas petition to Monroe County
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.
7th Circuit affirms denial of insurance coverage to Carmel communications group
The 7th Circuit Court of Appeals has ruled in favor of insurers who denied coverage to a Carmel-based communications company, finding that the communications group’s claims were properly denied and that it cannot split its claims against the insurers through two separate lawsuits.
COA orders man to transfer investment accounts to ex-wife
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.
Judges affirm son not entitled to dad’s deathbed gift of cars
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.
COA allows accountant malpractice claim to continue
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.
Fort Wayne attorney disbarred for fund mismanagement
A Fort Wayne attorney who repeatedly failed to cooperate in a disciplinary action has been disbarred for mismanagement of his trust account and converting client funds.
Justices remand Bloomington property partition dispute
A woman’s case to partition and sell a Bloomington property will continue after the Indiana Supreme Court reversed a lower court’s finding that the husband and wife with whom the woman purchased the property were not tenants by the entireties of the property.
COA orders trial court to comply with Trial Rule 59 in custody case
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.
Justices reverse suppression of man’s admission to driving under the influence
The Indiana Supreme Court has reversed a motion to suppress evidence of a man’s admission to driving under the influence at a sobriety checkpoint, holding that the brief and public nature of the checkpoint did not require police officers to give the man a Miranda warning.
After rehearing, COA reaffirms judgment in favor of Barnes & Thornburg
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.
COA: Trial court can hear complaint stemming from bankruptcy proceedings
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.