Opinions — May 18, 2016

May 19, 2016

Indiana Supreme Court
In the matter of: Elton D. Johnson
Discipline. Disbars Johnson after he committed attorney misconduct by providing incompetent representation, converting client funds and failing to cooperate with the disciplinary process. Johnson violated 13 different Indiana Professional Conduct Rules as well as three Indiana Admission and Discipline Rules.

Indiana Court of Appeals
In re the Matter of: R.H. (Minor Child) and T.H. (Mother) v. The Ind. Dept. of Child Services
Juvenile. Affirms that an order saying the Department of Child Services does not have to take reasonable efforts to reunite a daughter with her mother does not violate the mother’s rights under the Americans with Disabilities Act. The court issued its order based on the mother’s entire past history, not her disability.

Mitchell Carroll v. State of Indiana
Miscellaneous. Affirms contempt of court conviction despite the fact his preliminary hearing was conducted via video conference. Finds evidence sufficient to uphold his charges.

Steven M. Bush v. Robinson Engineering & Oil, Co., Inc.
Affirms Worker’s Compensation Board did not need to follow opinion of independent medical examiner when addressing claims made by Steven Bush following a 2010 workplace injury. Indiana Code says the board is free to ask for a hearing in the case, which it did.

Michael S. Collins v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Class C felony aiding, inducing or causing forgery conviction and enhancement for being adjudicated an habitual offender.

Sherease Holmes v. State of Indiana (mem. dec.)
Criminal. Affirms order requiring restitution and court costs after conviction of theft as a Class A misdemeanor. Remands to court to clarify how much she should pay.

Courtney Allen v. Jeffrey Shelburne (mem. dec.)
Domestic relations. Affirms custody modification order granting custody of child to father.

Rodney Tyms v. State of Indiana (mem. dec.)
Criminal. Affirms Rodney Tyms’ conviction of two counts of resisting law enforcement as Class A misdemeanors.

Richard A. Vagedes v. Betty Jo Vagedes (mem. dec.)
Domestic relations. Affirms equal division of property following dissolution of marriage.