ILNews

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. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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