Opinions Oct. 26, 2010

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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Allstate Insurance Company v. Timothy Clancy, et al.
45A03-0910-CV-498
Civil. Reverses trial court’s order granting a motion to compel the production of documents. In its interlocutory appeal, Allstate Insurance Company raised the following issue: whether the trial court abused its discretion by compelling production of documents subject to the attorney-client privilege on the ground that Allstate has implicitly raised an advice of counsel defense, thereby waiving the attorney-client privilege.

Nathan Brock v. State of Indiana
38A02-1003-CR-272
Criminal. Affirms Nathan Brock’s conviction of operating a motor vehicle after forfeiture of license for life, a Class C felony. Brock argued his convictions violated double jeopardy because the trial court granted the state’s request for a mistrial at the close of the first trial in the absence of a manifest necessity to do so, and then permitted the state to retry Brock, resulting in his conviction. Indiana Court of Appeals found the mistrial and subsequent retrial did not violate double jeopardy.

Troy Burge v. State of Indiana (NFP)
56A03-1006-CR-331
Criminal. Affirms trial court’s denial of motion for credit time and time served.

Russell Timmons v. State of Indiana (NFP)
79A05-0910-CR-567
Criminal. Affirms conviction of confinement, a Class C felony.

Termination of Parent-Child Relationship of C.O.V.; C.L.V. and T.G. v. Indiana Department of Child Services (NFP)
79A02-1003-JT-445
Juvenile. Affirms termination of parental rights.

O.P. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1003-EX-408
Civil. Affirms Review Board of the Indiana Department of Workforce Development’s denial of request for unemployment benefits.

The Law Offices of Wayne Greeson, PC, and Shammah Investments, LLC v. Steuben County Auditor (NFP)
76A03-1003-MI-122
Civil. Affirms trial court’s judgment in favor of Steuben County Auditor regarding attorney fees in tax sales.

Indiana Tax Court had posted no opinions at IL deadline.

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