Opinions May 26, 2016

Keywords neglect / Opinions

Indiana Court of Appeals
John Doe #1, et al. v. Indiana Department of Child Services
Civil tort. Reverses and remands summary judgment in favor of Indiana Department of Child Services after court found in a 2-1 decision DCS had the duty under common law to protect the identity of a caller who reported children as being in need of services. Chief Judge Nancy Vaidik dissents, noting she doesn’t think the code which DCS broke by identifying him supplies a private right of action.  

Joseph Sidener v. State of Indiana
Criminal. Affirms Joseph Sidener’s conviction for burglary as a Class C felony as well as the finding he is an habitual offender. Finds tracking the car he was traveling in with a GPS was not a violation of his Fourth Amendment or Indiana constitutional rights because he was a passenger and has no expectation of privacy. Also holds the trial court did not err when it allowed a late amendment to Sidener’s habitual offender enhancement.

In Re the Adoption of W.M. (Minor Child), D.M. and J.M. v. F.F., M.F., and The Indiana Department of Child Services
Adoption. Affirms transfer of grandparents’ adoption petition to Monroe Circuit Court from Greene Circuit Court. Finds because of other cases relating to the adoption are also happening in Monroe that it is the preferred venue.

Cortez Jones v. State of Indiana (mem. dec.)
Criminal. Affirms Cortez Jones’ conviction of murder.

Eric Allen v. State of Indiana (mem. dec.)
Criminal. Affirms Eric Allen’s conviction for operating a motor vehicle while privileges are forfeited for life, a Class C felony.

Eric John Tulk v. State of Indiana (mem. dec.)
Criminal. Affirms Eric Tulk’s sentence after he was convicted of dealing in methamphetamine, a Level 5 felony, and possession of methamphetamine and possession of chemical reagents or precursors with intent to manufacture, both Level 6 felonies.

Loretta A. Manier v. State of Indiana (mem. dec.)
Criminal. Affirms Loretta Manier’s conviction for failure to register as a sex offender, a Level 6 felony.

Nicholas G. Collins v. State of Indiana (mem. dec.)
Criminal. Affirms Nicholas Collins’ sentence for Level 5 felony operating a motor vehicle while privileges are forfeited for life.

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