ILNews

Opinions June 14, 2010

June 14, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Ronald D. Dean v. Kristine M. Weaver
20A03-1001-MI-9
Civil. Affirms order denying Dean's motion seeking collection of his expert-witness fees from Weaver. The Indiana trial court that had acquired restrictive jurisdiction pursuant to Indiana Trial Rule 28(E) to conduct ancillary discovery proceedings lacks the jurisdiction to reopen the cause and hear Dean’s motion on the payment of his fees.

C.E.K., II v. State of Indiana
28A05-1002-JV-100
Juvenile. Affirms order C.E.K. II register as a sex offender. Wallace didn't hold that the Sex Offender Registration Act is a wholly punitive measure that would violate the juvenile code's rehabilitative policies. C.E.K.'s argument that the juvenile court lacks subject matter jurisdiction fails.

Steve Pigg v. State of Indiana
52A02-0907-CV-666
Civil. Affirms denial of Pigg's motion for delivery of money from his former attorney. Pigg has waived his claim of injury due to lack of a hearing by failing to request a hearing. But, waiver notwithstanding, Pigg failed to demonstrate any abuse of discretion by the trial court in holding a trial by affidavit. Concludes from the evidence that attorney Kiefer has proven that no unearned portions of the retainer paid for Pigg's representation remained upon Kiefer's termination of that representation.

Diosha L. Lamb v. State of Indiana (NFP)

02A03-0912-CR-591
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Vickie A. Chaffins v. State of Indiana (NFP)

17A03-1001-CR-98
Criminal. Affirms sentence following guilty plea to Class A felony dealing methamphetamine.

Robert D. Storey v. State of Indiana (NFP)
20A05-0911-PC-622
Post conviction. Affirms denial of petition for post-conviction relief.

Christopher Roberts v. State of Indiana (NFP)
34A02-1002-CR-147
Criminal. Affirms sentence following guilty plea to Class D felony theft, Class C felony burglary, and Class D felony possession of stolen property.

Rick Glascoe v. State of Indiana (NFP)

49A04-0911-CR-635
Criminal. Affirms conviction of Class A misdemeanor battery.

S.H. v. Review Board of the Indiana Dept. of Workforce Development and D.O. McComb & Sons, Inc. (NFP)
93A02-0912-EX-1191
Civil. Affirms denial of unemployment benefits.

Indiana Tax Court had posted no opinions at IL deadline.


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  1. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

  2. Such is not uncommon on law school startups. Students and faculty should tap Bruce Green, city attorney of Lufkin, Texas. He led a group of studnets and faculty and sued the ABA as a law student. He knows the ropes, has advised other law school startups. Very astute and principled attorney of unpopular clients, at least in his past, before Lufkin tapped him to run their show.

  3. Not that having the appellate records on Odyssey won't be welcome or useful, but I would rather they first bring in the stray counties that aren't yet connected on the trial court level.

  4. Aristotle said 350 bc: "The most hated sort, and with the greatest reason, is usury, which makes a gain out of money itself, and not from the natural object of it. For money was intended to be used in exchange, but not to increase at interest. And this term interest, which means the birth of money from money, is applied to the breeding of money because the offspring resembles the parent. Wherefore of an modes of getting wealth this is the most unnatural.

  5. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

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