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Opinions Oct. 26, 2010

October 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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  1. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  2. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  3. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  4. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  5. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

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