Opinions Aug. 12, 2019

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Indiana Court of Appeals
Neurological Institute and Specialty Centers, P.C. v. Subhasree Misra, M.D. (mem. dec.)

Civil plenary. Affirms the denial of Neurological Institute and Specialty Centers, P.C.’s motion for preliminary injunction to enforce a restrictive covenant preventing Dr. Subhasree Misra from practicing medicine independently or as an employee for an organization within five Indiana counties for two years after the expiration or termination of her employment agreement with NISC. Finds the Lake Circuit Court did not abuse its discretion in denying NISC’s motion for preliminary injunction.

In the Matter of the Civil Commitment of: M.L. v. Oaklawn Psychiatric Services (mem. dec.)
Mental health. Affirms the Elkhart Superior Court’s order that M.L.’s involuntary commitment to Oaklawn Psychiatric Services be renewed for one year. Finds the trial court’s finding that M.L. poses a danger to others is not clearly erroneous, so the trial court did not err in renewing M.L.’s commitment for one year.

In the Matter of Ra.S., Roy.S., and Rod.S. (Minor Children), Children in Need of Services, and R.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the determination that R.S.’s three minor children are children in need of services. Finds the Marion Superior Court’s CHINS determination is not clearly erroneous, and its handling of the children’s placement is not clearly erroneous. Also finds R.S. has not established that her counsel at the factfinding hearing was ineffective. Finally, finds the trial court abused its discretion in ordering R.S. to submit to random drug screens and, accordingly, reverses the participation order. Remands with instructions to vacate the random drug screen requirement unless evidence has been presented in subsequent hearings that would support imposing such a requirement. Judge Elizabeth Tavitas concurs and dissents in part with separate opinion.

Michael K. Thompson v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Thompson’s six-year sentence, with three years executed in the Department of Correction and three years suspended, for his conviction of Level 4 felony dealing in methamphetamine. Finds the Bartholomew Circuit Court did not abuse its discretion when it did not find Thompson’s guilty plea to be a significant mitigator.

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