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Friday, August 30, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 12 NFP)

For publication opinions today (2):

In Evansville Courier & Press and Rita Ward v. Vanderburgh County Health Department, an 8-page opinion, Sr. Judge Sharpnack writes:

The Evansville Courier & Press and Rita Ward asked the Vanderburgh County Health Department to give them access to death certificates. When their requests were denied, they alleged a violation of the Access to Public Records Act (“APRA”) and sought a trial court order compelling the Health Department to give them access. The court denied relief. Because our statutes indicate death certificates are public records that may be disclosed only in certain circumstances not present here, we affirm. * * *

[See the opinion for the court's statutory analysis]

We acknowledge the interest in using cause of death information to identify public health risks perhaps otherwise overlooked by public agencies. Nonetheless, we are not at liberty to ignore the legislature’s intent as demonstrated through its statutes.

A local health officer need only provide a death certificate to an applicant fulfilling the direct interest and necessity requirements of Section 16-37-1-8. As neither the Courier & Press nor Ward provided any information to make such a showing, the Health Department properly denied their requests. We therefore conclude the trial court did not err in denying the plaintiffs’ summary judgment motion and entering judgment in favor of the Health Department.

The ILB has had four entries about this challenge - access them here for background.

In Joshua Gomillia v. State of Indiana, an 8-page opinion by Judge Barnes that concludes:

Gomillia has not shown that the trial court abused its discretion in sentencing him. We affirm.
NFP civil opinions today (2):

In Re The Involuntary Termination of the Parent-Child Relationship of E.M., G.M., and L.M.: B.M. v. The Indiana Department of Child Services (NFP)

In Re The Marriage of Kathryn Y. Huffer and Charles C. Dorton, Kathryn Y. Huffer v. Charles C. Dorton (NFP)

NFP criminal opinions today (10):

Bianca Mosley v. State of Indiana (NFP)

In Re: Matter of L.R. v. State of Indiana (NFP)

Curtis Ray Brock v. State of Indiana (NFP)

Gary Napers v. State of Indiana (NFP)

Darrell Spillers v. State of Indiana (NFP)

William Temple v. State of Indiana (NFP)

Anthony Eugene Winder v. State of Indiana (NFP)

Lloyd Kirk v. State of Indiana (NFP)

Henry L. Newton v. State of Indiana (NFP)

Joseph A. Taylor v. State of Indiana (NFP)

Posted by Marcia Oddi on August 30, 2013 11:04 AM
Posted to Ind. App.Ct. Decisions