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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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