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. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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