Opinions July 13, 2021

Indiana Court of Appeals

In re the Matter of D.L. (Minor Child), M.L. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the adjudication of father M.L.’s minor child, D.L., as a child in need of services. Finds M.L. has not established that his due process rights were violated or that the juvenile court abused its discretion when it refused to take judicial notice of his pending post-conviction relief petition. Also finds the Department of Child Services proved D.L. is a CHINS.

J.M. v. State of Indiana (mem. dec.)
Juvenile. Affirms J.M.’s adjudication for an act that would constitute carrying a handgun without a license if committed by an adult, a Class A misdemeanor. Finds the search and seizure of J.M. was not in violation of the Fourth Amendment or Article 1, Section 11 of the Indiana Constitution. Also finds the juvenile court did not abuse its discretion by admitting the handgun found as a result of Officer Nicolas May’s pat down of J.M.

John Ossim, Kristen Ossim v. John Thomas Cummings, Jr., MD d/b/a Community Neurosurgery, Community Physician Network, Inc., and Community Hospitals of Indiana, Inc. (mem. dec.)
Civil tort. Affirms the entry of summary judgment in favor of Dr. John Thomas Cummings Jr., d/b/a Community Neurosurgery, Community Physician Network Inc., and Community Hospitals of Indiana Inc. on John and Kristen Ossim’s clams of medical malpractice related to the surgical implantation of a medical device. Finds the Ossims have not demonstrated that a claim of failure to warn is available under the circumstances.

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