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Opinions Dec. 14, 2016

December 14, 2016

Indiana Court of Appeals
In the Matter of the Marriage of: Mark A. Del Priore v. Jill E. Del Priore
02A03-1603-DR-605
Domestic relation. Affirms in part and reverses in part the trial court’s decree of dissolution and distribution of the marital estate. Affirms the trial court’s valuation of a TD Ameritrade account; its denial of credit for husband’s household payments and payments to emancipated children it found gratuitous; its order that husband be responsible for 65 percent of the children’s education expenses; its valuation of an investment husband made without wife’s knowledge; its denial of husband’s request to consider the tax consequences of the division of property; its award of 55 percent of the marital estate to wife and 45 percent to husband; and its order that husband be responsible for 65 percent of wife’s attorney fees and costs. Reverses trial court order that the parties be responsible for a child’s educational expenses beyond undergraduate school. Remands to amend the decree to reflect parties are ordered to pay only for educational expenses that pertain to the child obtaining a bachelor’s degree.

In the Matter of the Termination of the Parent-Child Relationship of P.W., Father, and T.Y., Mother, et al. v. Indiana Department of Child Services (mem. dec.)
45A03-1605-JT-1167
Juvenile. Affirms termination of mother and father’s parental rights to R.Y. and T.Y. and termination of mother’s parental rights to T.C.Y. The order was not clearly erroneous and mother’s trial counsel was not ineffective.

Victor S. Perez, Jr. v. State of Indiana (mem. dec.)
02A05-1605-CR-1065
Criminal. Affirms Victor S. Perez Jr.'s conviction of Level 5 felony criminal confinement, Level 6 felony strangulation, and Class A misdemeanor battery, finding the convictions were amply supported by the evidence.

In the Matter of the Adoption of A.Y.S.: J.S. (Father) v. C.A.K. (mem. dec.)
19A04-1606-AD-1439
Adoption. Affirms trial court order granting the petition of stepfather C.A.K. to adopt J.S.’s daughter. The court did not err in determining the adoption was in the child’s best interests.

Robert McDade v. State of Indiana (mem. dec.)
49A04-1606-MI-1414
Miscellaneous. Affirms order transferring $28,895 in seized money to the United States government. The parcel from which the money was seized was sufficiently described by a detective in a warrant, a K-9 sniffed the package and alerted to the odor of a controlled substance.

Julian Rodriguez v. State of Indiana (mem. dec.)
20A05-1604-CR-903
Criminal. Affirms conviction of three counts of child molesting, holding the counts do not violate the constitutional prohibition against double jeopardy.

William Epperly v. State of Indiana (mem. dec.)
34A02-1607-CR-1567
Criminal. Reverses trial court calculation of presentence jail-time credit while sentencing William Epperly for probation violation. Remands for clarification of the credit time to which he is entitled.
 

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