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Wednesday, January 26, 2011

Ind. Decisions - Court of Appeals issues 3 today (and 8 NFP)

For publication opinions today (3):

In S.S. v. Review Board , a 2-1, 15-page opinion in a pro se appeal, Chief Judge Robb writes:

S.S. applied for unemployment benefits and was denied by a claims deputy of the Department of Workforce Development (“DWD”). S.S. filed an administrative appeal, and a telephonic appeal hearing was scheduled, of which S.S. received notice. Due to S.S.’s confusion of the Eastern and Central time zones, S.S. failed to answer the administrative law judge’s call at the scheduled time, no hearing was held, and the ALJ therefore dismissed S.S.’s appeal. S.S. requested but was denied reinstatement of her appeal, and the Review Board of the DWD affirmed that denial. S.S. appeals the Review Board’s decision, presenting the following expanded and restated issues for our review: 1) whether S.S. was afforded due process and a reasonable opportunity for a fair hearing; 2) whether the Review Board erred by failing to consider all of the evidence submitted by S.S.; and 3) whether the Review Board erred by denying S.S.’s request to reinstate her appeal. Concluding S.S. was afforded due process and a reasonable opportunity for a hearing, and finding no error in the Review Board’s consideration of evidence or in its denial of S.S.’s request to reinstate her appeal, we affirm. * * *

S.S. was afforded due process and a reasonable opportunity to participate in a telephonic hearing. Further, the Review Board did not err in its consideration of evidence or in its denial of S.S.’s request to reinstate her appeal. The Review Board’s decision is therefore affirmed.

RILEY, J., concurs
BROWN, J., dissents with opinion. [which concludes] Plausible arguments about due process aside, and looking at the total picture, we have before us the situation of a stressed-out, financially strapped, unemployed woman who made the very common mistake of confusing the time for her hearing to be an hour later rather than an hour earlier than the stated time given the time zone she was in, a mistake made every day by those who must negotiate the two time zones existing among the various counties of Indiana. She was in a federal building, her cell phone off as required, in a hearing to determine her continued eligibility for food stamps. She has copiously compiled the record of what has transpired in her case. While her appeal may or may not have merit, the only relief she seeks is to have her appeal from the denial of unemployment benefits heard. I would reverse the Decision of the Review Board and reinstate S.S.’s appeal.

In Dan Cristiani Excavating Co. Inc. v. Jeremy Money and Kerru Money, a 19-page opinion, Chief Judge Robb writes:
Following a jury trial, Dan Cristiani Excavating Co., Inc. (“Cristiani”) appeals a verdict in favor of Jeremy Money (“Money”) and Kerri Money for injuries sustained by Money in a bulldozer accident. On appeal Cristiani raises four issues, which we restate as: 1) whether the trial court erred in denying Cristiani's motion to try separately the issues of liability and damages; 2) whether the trial court erred in denying Cristiani's request for the jury to view the bulldozer involved in the accident or in the alternative, to admit into evidence photographs of the bulldozer involved in the accident; 3) whether the trial court erred in allowing Money's life care planner to testify regarding future medical treatment; and 4) whether the trial court's adverse rulings constitute judicial bias.

We conclude the trial court did not abuse its discretion in denying bifurcation of the trial, or in declining to allow the jury to view actual or photographic evidence of the bulldozer involved. We conclude further that Cristiani waived the issue of whether Money's life care planner was qualified to testify as an expert, and that the weight to be given her testimony was properly conceded to the jury. Finally, Cristiani failed to establish actual personal bias by the trial judge, and accordingly, we affirm.

A.H. v. State of Indiana - "A.H.’s conviction of incest against K.C. is not supported by sufficient evidence. This conviction is therefore reversed and the case is remanded for further proceedings."

NFP civil opinions today (3):

Term. of Parent-Child Rel. of T.T., et al.; A.T. v. I.D.C.S. (NFP)

Melissa A. (Scales) Crupper v. Charles D. Scales, Jr. (NFP)

Paternity of T.A.; J.M. v. A.A. (NFP)

NFP criminal opinions today (5):

Gene Hooks v. State of Indiana (NFP)

Jonathan R. Dye v. State of Indiana (NFP)

Christopher West v. State of Indiana (NFP)

Tevin Reaves v. State of Indiana (NFP)

Arthur E. Lott, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on January 26, 2011 11:18 AM
Posted to Ind. App.Ct. Decisions