Opinions Aug. 16, 2016

August 16, 2016

Indiana Supreme Court
In Re the Involuntary Termination of the Parent-Child Relationship of R.S., (Minor Child), and R.S. (Father) v. Marion County Department of Child Services and Child Advocates, Inc.
Juvenile. Reverses termination of father’s parental rights. The trial court’s findings do not clearly and convincingly support its conclusion that termination of father’s parental rights is in the best interests of the son.

Indiana Court of Appeals
State of Indiana v. Yvonne S. Morgan
Criminal. Reverses grant of Morgan’s motion to dismissal all of the charges pending against her. Remands with instructions to reinstate the charges. The trial court abused its discretion in dismissing the criminal charges on the basis that the facts alleged did not constitute criminal offenses. Morgan also failed to establish that the criminal statutes in question were void for vagueness as applied to her.

Harry L. Lacy v. State of Indiana
Criminal. Affirms conviction of Level 6 felony identity deception. Lacy’s tendered instructions either incorrectly stated the law or were not supported by the record, so there was no abuse by the trial court in declining them. Also finds the prosecutor did not commit misconduct.

Justin Walsh v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class C misdemeanor failure to provide identifying information.

Brian Davis v. State of Indiana (mem. dec.)
Criminal. Affirms sentence for Level 6 felony strangulation, Level 6 felony criminal confinement, and Class A misdemeanor battery resulting in bodily injury.

Timothy S. Morrow, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms sentence following guilty plea to Level 6 felony pointing a firearm.

Anthony Allen v. State of Indiana (mem. dec.)
Criminal. Affirms convictions of Level 5 felony burglary and one count each of Class A misdemeanor striking a law enforcement animal and resisting law enforcement.

In re the Termination of the Parent-Child Relationship of Ga.R., Gr.R., & J.R. (minor children) and D.R. (mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile. Affirms termination of mother’s parental rights.

Christopher George Gordon v. State of Indiana (mem. dec.)
Criminal. Affirms sentence after pleading guilty to Class A voluntary manslaughter.

In the Matter of J.C., Minor Child, A Child in Need of Services, B.T. v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
Juvenile. Affirms child in need of services adjudication.

Sharon Mallory v. Karen Freeman-Wilson, in her official capacity as Mayor of the City of Gary, Indiana, Attorney General of Indiana (mem. dec.)
Miscellaneous. Affirms order affirming decision of Mayor Karen Freeman-Wilson to remove Mallory from the Board of Commissioners of the Gary Sanitary District.

Charles Sweeney v. Senator David C. Long, President Pro Tempore, Indiana General Assembly, et al. (mem. dec.)
Civil tort. Affirms dismissal of Sweeney’s complaint alleging violations under 42 U.S.C. Section 1983.

Jeremiah Beverly v. State of Indiana (mem. dec.)
Post conviction. Dismisses appeal of denial of petition for post-conviction relief because Beverly did not exhaust administrative remedies.