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Friday, September 05, 2014

Ind. Decisions - Court of Appeals issues 4 today (and 10 NFP)

For publication opinions today (4):

In Cardinal Ritter High School, Inc. v. Aleesha Bullock, a 20-page opinion, Judge Baker writes:

Cardinal Ritter High School, Inc. (Ritter) appeals the determination of the Administrative Law Judge (ALJ) for the Indiana Civil Rights Commission (ICRC) finding that Ritter violated the Indiana Civil Rights Law (ICRL) when it did not select appellee-complainant Aleesha Bullock as a member of the girls’ varsity basketball team. Ritter argues that, as it is a private, religious institution owned and operated by the Roman Catholic Archdiocese of Indianapolis, the ICRL is not applicable. Also, Ritter contends that the findings of fact and conclusions of law issued by the ALJ are unsupported by substantial evidence and maintains that the $25,000 award to Bullock for emotional damages is based on speculative evidence. We find that the ICRC has jurisdiction over the girls’ basketball team at a private, religious institution. However, we conclude that when, as here, the case hinged entirely on the credibility of the witnesses, the issuance of an order by an ALJ who did not hear the evidence or observe the witnesses is not in accordance with law, is contrary to the constitutional rights of the parties, and is without observance of procedures required by law. Therefore, we vacate the order of the ICRC and remand with instructions to conduct a new hearing and issue a timely ruling.
In In the Matter of B.W. and A.K., Alleged to be Children in Need of Services, A.C. (Mother) v. Indiana Department of Child Services, a 20-page opinion, Judge Najam writes:
A.C. (“Mother”) appeals the trial court’s orders appointing guardians over her children, A.K. and B.W., following a permanency hearing. Mother presents a single issue for our review, namely, whether the trial court abused its discretion when it appointed guardians over the children. We reverse and remand with instructions. * * *

DCS has not presented clear and convincing evidence that Mother is currently unable to provide a safe home for the children or that the guardianships are in the children’s best interests. We hold that the trial court abused its discretion when it appointed guardians for the children. We reverse the trial court’s judgment and remand with instructions that the court reunite the children with Mother.

In Brenda K. Tipton v. Margaret Isaacs, M.D., St. Vincent Hospital and Healthcare Center a/k/a Ascension Health, Christina Francis, M.D., and James R. Minor, M.D., a 12-page opinion, Judge May writes:
Brenda K. Tipton appeals summary judgment for various healthcare providers she sued after her hysterectomy. As the consent form Tipton signed is determinative of all issues she raises on appeal, we affirm. * * *

Tipton consented to Dr. Francis’ participation in her surgery, and Tipton’s healthcare providers did not make a deceptive material misrepresentation of past or existing facts or remain silent when they had a duty to speak. We accordingly affirm the summary judgment for the defendants.

In Jerome Yates v. State of Indiana , a 4-page opinion, Judge May writes:
Jerome Yates was convicted after a jury trial of Class A misdemeanor resisting law enforcement. He argues on appeal he could not have been convicted of resisting law enforcement by fleeing because he did not have a duty to stop. We affirm. * * *

Officer Robinette had reasonable suspicion to order Yates to stop. Officer Robinette saw Yates commit two infractions, operating a bicycle left of center and operating a bicycle on a public roadway without an audible device, which provided reasonable suspicion to stop Yates.

NFP civil opinions today (4):

In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.G., Minor Child, and Her Mother, S.V., S.V. v. Indiana Department of Child Services (NFP)

In the Matter of the Termination of the Parent-Child Relationship of: R.W. & K.W., Minor Children, and B.W., Father v. The Indiana Department of Child Services (NFP)

In re the Adoption of E.H. and M.H., S.H. and B.S. v. M.S. and S.S. and the Indiana Department of Child Services (NFP)

Cynthia S. Giema v. Chrysler Group, LLC, Bosak Motor Sales, Inc., Will Farrellbegg, Jerry P. Giema and Rosemary Giema, Cynthia R. Novotny, and Kathy Willman (NFP)

NFP criminal opinions today (6):

Jordan W. Buskirk v. State of Indiana (NFP)

Anthony W. McGriff v. State of Indiana (NFP)

Shaun Cox v. State of Indiana (NFP)

Jeffrey S. Burke v. State of Indiana (NFP)

M.M. v. State of Indiana (NFP)

Theola Ann Heggler v. State of Indiana (NFP)

Posted by Marcia Oddi on September 5, 2014 10:32 AM
Posted to Ind. App.Ct. Decisions