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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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