Opinions March 27, 2017

Keywords Opinions

Indiana Court of Appeals
Mark H. Miller, II v. Leigh Anne Miller
Domestic relation. Affirms the Marion Superior Court’s finding Mark H. Miller II is voluntarily underemployed. Reverses the trial court’s determination of his imputed income. The trial court did not clearly err in finding that Miller was voluntarily underemployed when he was simultaneously the children’s primary caregiver and a part-time college student during his marriage to Leigh Anne Miller, but he is now no longer the children’s primary caregiver. Finds the trial court determined his imputed income without evidence of prevailing job opportunities and earnings levels in the community. Remands for a hearing.

William A. Paz v. State of Indiana (mem. dec.)
Criminal. Affirms William A. Paz’s convictions of felony murder and obstruction of justice as a Level 6 felony. Paz has failed to establish that the state’s two questions during trial concerning his pre-arrest silence constituted prosecutorial misconduct. Finds the introduction of Paz’s statements at Teppanyaki Grill, as translated by Nirvana Grant, did not constitute fundamental error.

Robert E. Inman v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Robert E. Inman’s probation and home detention and the Vigo Superior Court’s order for him to serve his previously suspended sentences. The state presented sufficient evidence to prove Home Detention Rule 4 and violations of that rule. The trial court did not abuse its discretion by ordering Inman to serve his suspended sentences in their entirety.

Jeffrey Babel v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Jeffrey Babel’s petition for post-conviction relief. Babel failed to establish clear error in the post-conviction court’s determination that his counsel’s strategy to avoid any reference to a civil suit was reasonable under the circumstances and, therefore, did not constitute deficient performance.

In the Termination of the Parent-Child Relationship of: C.D. (Minor Child) and M.D. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of M.D.’s parental rights to C.D. The Vanderburgh Superior Court’s findings of fact are supported by the evidence in the record, and the court’s conclusions supporting termination of M.D.’s parental rights are not clearly erroneous.

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