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Friday, April 17, 2009

Ind. Decisions - More on: Supreme Court grants transfer with opinion, applying new Appellate Rule 14.1 [Updated]

Regarding the Supreme Court opinion today in the case of In Re: T.S.; Indiana Dept. of Child Services, LaPorte County v. LaPorte County CASA, et al, (ILB entry here), which brought into play the new Appellate Rule 14.1 (Expedited Appeal for Payment of Placement and/or Services), how fast did it go? (First, take a look at Rule 14.1 itself, it is pretty stringent.)

Here is the Court of Appeals docket for the T.S. case, and here is the Supreme Court docket, so you may see for yourself.

Some entries from the Dockets:

• 1/23/09 "NOTICE OF APPEAL FILED"
  
• 2/10/09 ****NOTE: THIS IS AN EXPEDITED APPEAL PURSUANT TO APP.R. 14.1.*
  
• 2/16/09 ********CASE TRANSMITTED TO COURT******** AB 02/16/09
  
• 2/20/09 HAVING REVIEWED THE MATTER, TAKING INTO CONSIDERATION THE
  EXPEDITED NATURE OF AN APPEAL PURSUANT TO APPELLATE RULE 14.1,
  THIS COURT NOW FINDS AND ORDERS AS FOLLOWS:
  1. APPELLANT, DCS, IS DIRECTED TO FILE WITH THE CLERK OF
  THIS COURT ITS RESPONSE TO THE MOTION TO DISMISS FILED BY
  APPELLEE CASA. THE RESPONSE MUST BE PHYSICALLY PRESENT IN THE
  OFFICE OF THE CLERK OF THE INDIANA SUPREME COURT, COURT OF
  APPEALS, AND TAX COURT NO LATER THAN NOON, LOCAL INDIANAPOLIS
  TIME, ON WEDNESDAY, FEBRUARY 25, 2009.
  2. APPELLEE CIRCUIT COURT'S MOTION FOR PERMISSION TO FILE AN
  APPEARANCE IS GRANTED. THE CLERK OF THIS COURT IS DIRECTED TO
  FILE THE APPEARANCE AS OF THE DATE OF TENDER.
  3. THE CLERK OF THIS COURT IS DIRECTED TO FILE THE CIRCUIT
  COURT'S APPELLEE'S MEMORANDUM AND APPENDIX AS OF THE DATE OF
  TENDER.
  FOR THE COURT, JOHN G. BAKER, CHIEF JUDGE
  
• 3/12/09 2009 TERM
  HAVING REVIEWED THE MATTER, THIS COURT NOW FINDS AND ORDERS:
  1. CASA'S MOTION TO DISMISS IS DENIED.
  2. THERE IS SUFFICIENT EVIDENCE IN THE RECORD TO SUPPORT
  THE CIRCUIT COURT'S DECISION TO DEVIATE FROM DCS'S
  RECOMMENDATION TO IMMEDIATELY RETURN T.D.S. TO MOTHER'S
  CARE AND CUSTODY. THUS, THE CIRCUIT COURT DID NOT ABUSE
  ITS DISCRETION, AND THE CIRCUIT COURT'S SUPPLEMENTAL
  ORDER IS HEREBY AFFIRMED.
  3. DCS'S REQUEST FOR RELIEF UNDER INDIANA APPELLATE RULE
  14.1 IS DENIED AND DCS IS DIRECTED TO COMPLY WITH THE
  CIRCUIT COURT'S JANUARY 21, 2009 SUPPLEMENTAL ORDER,
  INCLUDING PAYMENT FOR SERVICES, UNTIL SUCH TIME AS THE
  CIRCUIT COURT'S ORDER IS MODIFIED OR VACATED.
  ---------------- PER CURIAM
  ROBB, VAIDIK, JJ., SHARPNACK, SR. J.
  
• 3/19/09 DCS PETITION TO TRANSFER FROM INDIANA APPELLATE RULE 14.1
  EXPEDITED APPEAL
  
• 3/20/09 ***********TRANSMITTED ON TRANSFER 03/20/09***********AB 3/20/09
  
• 4/17/09 CASE TRANSFERRED TO THE SUPREME COURT
  SUPREME COURT CAUSE NUMBER 46S040904JV00160
  
• 4/17/09 APPELLANT'S PETITION FOR TRANSFER IS HEREBY GRANTED.
  RANDALL T. SHEPARD, CHIEF JUSTICE KM
  
• 4/17/09 ISSUED THE ENCLOSED OPINION:
  
• 4/17/09 2009 TERM
  WE AFFIRM THE JUVENILE COURT--------DICKSON, J.
  SHEPARD, C.J., AND SULLIVAN, BOEHM, AND RUCKER, JJ., CONCUR.
  ROBB, VAIDIK, J.J., SHARPNACK, SR.J., CONCUR. MS

[Updated a 6:12 PM] A reader writes:

I was happy to see your post about how fast the 14.1 DCS appeal went. Indeed, it flew. But why are the interests at issue (who pays for a placement) more significant in that case than in the Hamilton County adoption case that took more than a year to decide--or, for that matter, in a criminal case where the defendant is going to win and be released? Our rules on expedited appeals do not make a lot of sense to me.

Re "the Hamilton County adoption case", see the end of this April 11th ILB entry.

Posted by Marcia Oddi on April 17, 2009 04:27 PM
Posted to Ind. Sup.Ct. Decisions