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.
Court opinions
Articles
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.
Defendant who requests right to speak should be allowed to speak, COA rules
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.
COA reverses Purdue voyeurism conviction
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.
Court of Appeals reverses felony possession of handgun conviction
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.
COA: Adverse possession gives farm owner title to Boone Co. property
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.
COA affirms damages award to state, but reduces total amount
The state of Indiana was entitled to more than $1 million in costs and treble damages after a township auditor criminally misappropriated funds, the Indiana Court of Appeals held Tuesday, though it reduced the total amount of damages owed to the state.
COA reverses modification of child support order
The Indiana Court of Appeals has reversed the modification of a child support ordering, finding that there were no substantial and continuing circumstances to justify the change.
Appellate court rules teen’s pending cases should be in adult court
A teenager convicted on robbery charges as an adult who is also charged with theft and burglary charges as a juvenile will continue in adult court after the Indiana Court of Appeals found Tuesday that the juvenile court must waive its jurisdiction. In State of Indiana v. C.K., 49A02-1607-JV-1506, 15-year-old C.K. was involved in two […]
COA affirms dismissal of PCR petition
A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.
Acupuncture clinic fails to prove point before COA
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
Judges divided on retrial for voluntary manslaughter
In a case of first impression, the Indiana Court of Appeals reversed a man’s conviction of voluntary manslaughter, which the state chose to charge him with after he shot and killed his brother-in-law in what he claimed was self-defense.
Toddler’s testimony supports adjudication as a delinquent
Despite the three-year-old’s questionable testimony at a hearing, the Court of Appeals affirmed her stepbrother’s adjudication as a delinquent child because she never wavered when recounting the molestation.
COA affirms sentence for man who violated drug court rules
A man who repeatedly violated the rules and regulations of a drug court program failed to convince the Indiana Court of Appeals his ensuing advisory nine-year sentence was inappropriate.
Judges reverse resisting law enforcement conviction
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.