Opinions Dec. 16, 2015

December 16, 2015
KEYWORDS Opinions / neglect

Indiana Supreme Court
The following Indiana Supreme Court opinion was posted after IL deadline Tuesday:
Jeffrey Hewitt v. Westfield Washington School Corporation, et al.
Civil plenary. Affirms summary judgment for the school corporation on Hewitt’s lawsuit after he was terminated as principal of an elementary school for being involved in a sexual relationship with a teacher, one of his subordinates. In a case of first impression, holds that the teacher’s termination statute, I.C. 20-28-7.5-1 et seq., does not apply to termination of an administrator when his underlying teaching contract is not being terminated. Holds that the provisions in the form teacher’s contract that make reference to an opportunity for hearing and a just cause determination also apply only to the termination of an administrator’s underlying teaching contract.

Indiana Court of Appeals
Circle Health Partners, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of Workforce Development
Agency action. Affirms the decision of the liability administrative law judge that certain nurses and phlebotomists were employees of Circle Health Partners, rather than independent contractors, such that CHP’s payments to those workers were “wages” as defined in Ind. Code 22-4-4-2 for which CHP was liable to the state of Indiana for additional unemployment taxes.

Scott Alan Stibbins, individually and as Personal Rep. of the Estate of Warren E. Stibbins, and Trustee of the Warren E. Stibbins Revocable Trust, et al. v. Carol (Stibbins) Pagano Foster, et al.
Civil plenary. Grants rehearing for the limited purpose of striking the final sentence of footnote 2 dealing with handwriting expert, which said “At times, the jurors laughed audibly during the expert’s testimony.”

T.M.J. v. State of Indiana (mem. dec.)
Juvenile. Affirms adjudication of delinquency for an act that would be theft as a Class A misdemeanor if committed by an adult.

In the Matter of the Term.of the Parent-Child Relationship of S.H. (child) and M.H. (father) and C.H. (Mother); M.H., and C.H. v. The Ind. Dept. of Child Services (mem. dec.)
Juvenile. Affirms involuntary termination of both parents’ rights to S.H. Mother did not have standing to assert any rights available to paternal grandmother and there was sufficient evidence the conditions under which the child was removed from parents’ care would not be remedied.

De’Auntaye White v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of felony murder, finding jury instructions were not erroneous and his 65-year sentence is not inappropriate.