Chief Judge John G. Baker

COA: Storage fees capped per statute

January 13, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.
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Judges disagree on when escape occurs

October 7, 2009
Jennifer Nelson
The Indiana Court of Appeals had to decide whether inmates in a jail could be charged with escape if they never left the outer walls of the facility. The majority affirmed the dismissal of the escape charges against the six inmates, ruling the act was just a violation of prison rules.
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First impression in utility fee case

October 7, 2009
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.
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Judges disagree on remand instructions

August 28, 2009
Jennifer Nelson
Indiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't have been denied by the trial court, but they disagreed as to what should happen on remand.
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COA disagrees on damages to bidder

August 12, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for work at a state-run hospital based on fraudulent information from another bidder.
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Judge argues ruling puts form over substance

August 10, 2009
Jennifer Nelson
The chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes the decision leads to "an inequitable result."
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COA: Home isn't allowed in marital estate

July 8, 2009
Jennifer Nelson
Even though a trial court believed a wife's testimony that her in-laws' purposefully kept her from receiving any money from the sale of the marital residence in the event of a divorce, the lower court erred by including the residence in the marital estate, ruled the Indiana Court of Appeals.
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Purse search violated Indiana Constitution

June 22, 2009
Jennifer Nelson
A majority of Indiana Court of Appeals judges reversed a woman's conviction of possession of cocaine because the concern for the safety of police officers doesn't justify the warrantless search of every purse that is stretched in such a way it appears it could be holding a gun.
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Judges differ on pretrial credit award

June 12, 2009
Jennifer Nelson
Each judge on an Indiana Court of Appeals panel weighed in with a separate opinion as to how much pretrial credit time a defendant, who pleaded guilty to one charge - other charges were dismissed - is entitled to, or if he is entitled to any time at all.
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COA upholds workplace restraining order

April 28, 2009
Jennifer Nelson
The Indiana Court of Appeals today analyzed for the first time the legal parameters required to affirm an order issued to protect a person under the Workplace Violence Restraining Order Act. The appellate court turned to the Indiana Civil Protection Order Act to provide context for analyzing cases under the WVROA.
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Attorney didn't commit conversion, malpractice

April 3, 2009
Jennifer Nelson
The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
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Panel disagrees in admitting expert testimony

March 5, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's testimony about medical tests and the cause of her pain.
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COA: Bank didn't breach duties as trustee

March 2, 2009
Jennifer Nelson
Although tempted to analyze with "the benefit of hindsight" a suit filed by beneficiaries of a trust against a bank that served as the trustee, the Indiana Court of Appeals affirmed summary judgment in favor of the bank after finding the bank acted in good faith.
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Court rules in favor of town in disannexation suit

February 17, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of a town in a disannexation order because the plaintiffs in the case didn't file their complaint for relief until after the statute of limitations had run out.
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COA rules on negligence claims in library case

February 6, 2009
Jennifer Nelson
he Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the companies.
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Judges disagree on trust jurisdiction issue

December 11, 2008
Jennifer Nelson
In a matter of first impression, Indiana Court of Appeals judges disagreed whether an Indiana probate court had subject matter and personal jurisdiction over a trust based in Virginia.
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Termination rash in special needs CHINS case

December 11, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed the termination of a mother's parental rights to her special needs son, finding the decision would create a "sobering message" to parents of children who need ongoing assistance.
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Riverboat not covered by Jones Act

November 25, 2008
Jennifer Nelson
A casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of Appeals ruled today.
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COA revises child molesting sentence

October 23, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.
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Judges disagree on attorney fee provision

September 30, 2008
Michael Hoskins
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
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Court split on mother's battery conviction

August 29, 2008
Jennifer Nelson
In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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