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Opinions Jan. 17, 2018

January 17, 2018

Indiana Court of Appeals
James Hill v. State of Indiana

45A04-1702-CR-325
Criminal. Affirms the denial of James Hill’s motion to dismiss charges of murder, murder in perpetration of robbery and attempted robbery. Finds Hill has not demonstrated prejudice in the 36-year delay in charging him. Remands.

Casey L. Hill v. State of Indiana
40A04-1707-CR-1697
Criminal. Affirms Casey Hill’s conviction of Level 6 felony intimidation. Finds the Jennings Circuit Court did not abuse its discretion by admitting evidence of subsequent bad acts.

In the Matter of: Q.J., Jr., Q.J., Bre.J., Ba.J., Bri.J., and Bro.J., Children in Need of Services, Q.J., Sr. (Father) v. Indiana Department of Child Services
29A04-1706-JC-1482
Juvenile CHINS. Affirms the adjudication of Q.J., Sr.’s six minor children as children in need of services. Finds the Hamilton Superior Court did not abuse its discretion when it allowed Dr. Cortney Demetris to testify about the statements Q.J., Jr. made to her regarding the source of his bruises and malnutrition. Also finds there was sufficient evidence to support the trial court’s finding that the children are CHINS. Finally, finds Q.J., Sr. was not denied effective assistance of counsel.

State of Indiana Board of Firefighting Personnel Standards v. John T. Cline (mem. dec.)
49A04-1707-PL-1670
Civil plenary. Reverses the denial of the Indiana Board of Firefighting and Personnel Standards’ motion to dismiss John T. Cline’s petition for judicial review. Finds Cline did not timely file the agency record or a motion for an extension of time. Judge James Kirsch concurs with separate opinion.

In the Matter of N.J. and J.J., Children in Need of Services M.R. (Mother) v. The Indiana Department of Child Services (mem. dec.)
49A02-1707-JC-1565
Juvenile CHINS. Affirms the finding that M.R.’s sons are children in need of services and order for M.R. to participate in home-based therapy. Finds the Marion Superior Court did not err.

Joseph Olivares v. Kosciusko County Auditor, Marc Olivares, and Jack Birch (mem. dec.)
43A04-1705-CT-1158
Civil tort. Dismisses Joseph F. Olivares’ appeal of the dismissal of his complaint against the Kosciusko County auditor, Marc J. Olivares and Jack C. Birch. Finds Joseph Olivares did not develop a cogent argument or cite to the record in accordance with Indiana Appellate Rule 22(C). Remands for a determination of damages for frivolous or bad-faith litigation under Appellate Rule 66(E).

Kevin Jemar Mamon v. State of Indiana (mem. dec.)
30A01-1602-PC-435
Post-conviction. Affirms the denial of Kevin Jemar Mamon’s petition for post-conviction relief. Finds Mamon did not demonstrate his pre-trial counsel’s performance precluded him from taking any action to challenge the admission of evidence.

V.H. v. State of Indiana (mem. dec.)
02A05-1708-JV-1861
Juvenile.  Affirms a dispositional order placing V.H. in the Department of Correction. Finds the evidence does not demonstrate the trial court abused its discretion.

In the Termination of the Parent-Child Relationship of: J.R.E., Jr. (Minor Child), and R.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)
45A04-1708-JT-1843
Juvenile termination of parental rights. Affirms the termination of R.F.’s relationship with J.R.E., Jr. Finds the evidence was sufficient to support the termination order.

Victor N. Newbern v. State of Indiana (mem. dec.)
20A03-1707-CR-1609
Criminal. Affirms the revocation of Victor Newbern’s probation and order for him to serve the entirety of his previously suspended sentence. Finds the Elkhart Superior Court was within its discretion to revoke Newbern’s probation and impose the balance of his previously suspended sentence.

 

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