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Thursday, May 19, 2016

Ind. Decisions - Court of Appeals issues 3 opinion(s) today (and 5 NFP memorandum decision(s))

For publication opinions today (3):

In In re the Matter of: R.H. (Minor Child) and T.H. (Mother) v. The Ind. Dept. of Child Services, a 15-page opinion, Judge Robb writes:

R.H. was adjudicated a child in need of services (“CHINS”) shortly after her birth. During the CHINS proceedings, the Marion County Department of Child Services (“DCS”) filed a motion seeking an order that reasonable efforts to reunify R.H. and T.H. (“Mother”) were not required. The juvenile court issued such an order on August 17, 2015, and thereafter held a permanency hearing on September 15, 2015, and changed the permanency plan for R.H. from reunification to adoption. Mother appeals the no reasonable efforts order, raising one issue for our review: whether the juvenile court’s order finding that reasonable efforts to reunify the family are not required violated her rights under Title II of the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“RA Section 504”). Concluding the juvenile court did not violate Mother’s rights in finding DCS was not required to make reasonable reunification efforts, we affirm.
In Steven M. Bush v. Robinson Engineering & Oil, Co., Inc., a 16-page opinion appealing an order issued by the full Indiana Worker’s Compensation Board, Judge Kirsch concludes:
Here, there was a “presence of evidence adverse to [Bush’s] contentions” and, ultimately, we agree with Robinson that “the Board was free to reject Dr. Sasso’s reports as not credible or rely on the other evidence in the record that contradicted Bush’s claim of cervical injury” as having occurred on, or been exacerbated by, the August 13, 2010 incident. Smith, 754 N.E.2d at 23; Appellee’s Br. at 6. Accordingly, we affirm the decision of the Board concluding that Bush did not suffer a compensable cervical injury in the August 2010 incident and denying Bush’s claim for additional evaluation of and treatment to his cervical spine. Affirmed.
In Mitchell Carroll v. State of Indiana , a 12-page opinion, Judge Bailey writes:
Mitchell Carroll (“Carroll”) was charged with a number of offenses in the Grant Superior Court. In response to Carroll’s behavior during hearings conducted both by video conference and with Carroll physically present in the courtroom, the trial court found Carroll to be in direct contempt of court and, as a result, ordered Carroll incarcerated for ninety days. Carroll appeals. We affirm.

Carroll raises two issues for our review. We restate these as:
I. Whether, because Carroll’s conduct occurred while he was not physically present in the courtroom, a contempt citation is barred under Indiana law; and
II. Whether the trial court erred when it concluded that Carroll’s conduct on two occasions was contumacious. * * *

That Carroll’s conduct occurred while Carroll was in the Grant County Jail, across the street from the courthouse in which the trial court was located, does not preclude applicability of the direct contempt statute, so long as his conduct created a disturbance in a court of record. This is so whether or not Carroll himself was physically present in the courtroom at the time. Holding otherwise would read the statute too narrowly, and would compromise the ability of trial courts to ensure their ability to conduct business and dispense justice. * * *

That Carroll’s conduct occurred during a video hearing, and not in a courtroom, did not preclude application of the contempt statute. The trial court did not abuse its discretion in twice finding that Carroll was in contempt of court.

NFP civil decisions today (2):

Courtney Allen v. Jeffrey Shelburne (mem. dec.)

Richard A. Vagedes v. Betty Jo Vagedes (mem. dec.)

NFP criminal decisions today (3):

Michael S. Collins v. State of Indiana (mem. dec.)

Sherease Holmes v. State of Indiana (mem. dec.)

Rodney Tyms v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on May 19, 2016 12:35 PM
Posted to Ind. App.Ct. Decisions