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Wednesday, May 07, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 6 NFP)

For publication opinions today (2):

In Shane Beal and The Bar Plan Mutual Insurance Company v. Edwin Blinn, Jr., a 15-page opinion, Judge Riley writes:

Appellant-Defendant, Shane Beal (Beal), appeals the trial court’s denial of his motion for summary judgment, concluding that a genuine issue of material fact exist as to whether Beal’s representation of Appellee-Plaintiff, Edwin Blinn, Jr. (Blinn), in a federal criminal case constituted legal malpractice. We affirm. * * *

[Issues] (1) Whether the trial court abused its discretion when it denied Beal’s motion to strike Blinn’s expert evidence; and (2) Whether the trial court erred in determining that a genuine issue of material fact exists in a legal malpractice case where the conduct of an attorney resulted in the indictment of his client and subsequent voluntary guilty plea. * * *

This most recent installment in a never-ending legal malpractice saga focuses squarely on the issue at the heart of the dispute: Beal’s actions and conduct during his representation of Blinn in a federal drug and money laundering investigation. * * *

Based on the foregoing, we conclude that the trial court properly denied Beal’s (1) motion to strike and (2) motion for summary judgment.

In John Jacob Venters v. State of Indiana , a 17-page opinion, Judge Riley concludes:
Based on the foregoing, we conclude that there is sufficient evidence to uphold Johnson’s conviction of fourteen Class D felonies for possession of animals for fighting contests, and his conviction does not violate the double jeopardy clause of the Indiana Constitution.
NFP civil opinions today (1):

J&W Construction, Inc. v. Duffy Tool & Stamping, LTD, LLC, et al. (NFP)

NFP criminal opinions today (5):

Johnathon R. Aslinger v. State of Indiana (NFP)

Ricky Allen Cox v. State of Indiana (NFP)

Robert F. Petty v. State of Indiana (NFP)

Claude F. Hudson v. State of Indiana (NFP)

Larry Fulbright v. State of Indiana (NFP)

Posted by Marcia Oddi on May 7, 2014 10:55 AM
Posted to Ind. App.Ct. Decisions