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Opinions Nov. 10, 2016

November 10, 2016

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of A.W. and G.S.: H.S. (Mother) v. The Indiana Department of Child Services
54A01-1604-JT-1090
Juvenile termination of parental rights. Reverses Montgomery Circuit Court’s order terminating H.S.’s rights to her children, A.W. and G.A.S. Finds that the trial court’s decision to terminate H.S.’s rights knowing she will be living with G.A.S. is incongruous with and antithetical to the finding that the conditions that resulted in the removal of A.W. and G.A.S. will not be remedied. Finds that the Indiana Department of Child Services failed to prove by clear and convincing evidence that there is a reasonable probability that the conditions that resulted in the children’s removal will not be remedied.

William C. Williams v. State of Indiana
82A04-1602-CR-295
Criminal. Reverses William C. Williams’ conviction of Class B felony operating a vehicle with a schedule I or II controlled substance in his blood, methamphetamine, causing death. Finds that the state did not properly authenticate evidence to establish a chain of custody for Williams’ blood sample that tested positive for meth.

Chandler Turner v. State of Indiana (mem. dec.)
49A02-1602-CR-229
Criminal. Affirms Chandler Turner’s convictions for possession of cocaine and marijuana. Finds that the police did not violate Chandler’s rights under the federal and state constitutions when they seized the drugs and that the Marion Superior Court did not err when it did not prohibit the state from using the drugs as evidence at trial.

Charles Alexander v. State of Indiana (mem. dec.)
71A03-1601-CR-78
Criminal. Affirms Charles Alexander’s conviction for attempted robbery as a Level 3 felony. Finds that the St. Joseph Superior Court did not err when it allowed the state to impeach him on his prior offenses and when it did not disqualify three jurors.

Bryant Dowdy v. State of Indiana (mem. dec.)
49A02-1605-CR-1040
Criminal. Affirms Bryant Dowdy’s convictions for murder and robbery as a Class C felony. Finds that the Marion Superior Court did not err by admitting evidence related to the events of Dec. 18, 2012.

 

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