« Environment - Still more on "Crawford County residents question biomass power project" | Main | Law - Dawn Johnsen hearing postponed »

Thursday, January 28, 2010

Ind. Decisions - Court of Appeals issues 1 today (and 2 NFP)

For publication opinions today (1):

In Rusty R. Skinner v. State of Indiana , a 6-page opinion in an interlocutory appeal, Appellant-Defendant Rusty R. Skinner appeals the trial
court’s denial of his motion to compel disclosure of information obtained in the course of an
attorney-client relationship. Judge Bailey writes:

Before trial, the State added Jason Wingler, an inmate at the Morgan County Jail, as a witness and expected Wingler to testify that Skinner made statements to him while in jail that would be contrary to Skinner’s self-defense claim. As a result, Skinner’s counsel filed a Verified Motion to Withdraw / Alternative Motion to Exclude Witness because he had learned of information materially adverse to Wingler in his prior representation of Wingler. The trial court granted the motion to withdraw and appointed new counsel for Skinner.

Skinner, through new counsel, filed a Memorandum in Support of Request to Compel Exculpatory Evidence from Counsel of State’s Witness. Skinner sought to compel his prior counsel to provide the alleged evidence that would impeach Wingler’s credibility. After an in camera hearing with the prior counsel, the trial court denied Skinner’s request finding that no exception to the attorney-client privilege applied and Wingler had not waived the privilege. This interlocutory appeal ensued. * * *

Based on the relevance of the material, its availability from other sources, and the nature and importance of any interests invaded, we conclude that the information sought is not discoverable due to the protection provided by the attorney-client privilege. Therefore, the trial court did not abuse its discretion in denying Skinner’s request to compel discovery of the information. Affirmed.

NFP civil opinions today (1):

Jeffrey Kochis v. City of Hammond, Indiana, Fire Dept. of the City of Hammond, Indiana, et al. (NFP) - "Appellant-Plaintiff Jeffrey Kochis (“Kochis”) appeals a grant of summary judgment in favor of the City of Hammond, Indiana, the Fire Department of the City of Hammond, Indiana, David Hamm, in his capacity as Fire Chief of the City of Hammond, Indiana, and the Board of Public Works & Safety of Hammond, Indiana (collectively, “Hammond”) upon Kochis‟ complaint for reinstatement, alleging that he was demoted in violation of Indiana Code Section 36-8-3-4, which addresses police officer/firefighter discipline and demotion (“the tenure statute”). We reverse and remand for further proceedings. * * *

"Hammond failed to show the absence of factual issues concerning its economic situation in operating the fire department, such that a fact-finder could only conclude that the economic exception to Indiana Code Section 36-8-3-4 applied and that Kochis was not entitled to due process protections. As there exists a genuine issue of relevant fact, summary judgment was improvidently granted."

NFP criminal opinions today (1):

Gary L. Dozier v. State of Indiana (NFP)

Posted by Marcia Oddi on January 28, 2010 09:52 AM
Posted to Ind. App.Ct. Decisions