Opinions Feb. 26, 2018

February 26, 2018

Indiana Court of Appeals

In the Matter of the Involuntary Termination of the Parent-Child Relationship of: N.R.V. (Minor Child) and N.M.V. (Mother) v. The Indiana Department of Child Services (mem.dec.)
Juvenile termination of parental rights. Affirms the termination of N.M.V.’s parental rights to N.R.V. Finds the evidence is sufficient to support the juvenile court’s order termination N.M.V.’s parental rights.

Benjamin E. Faulk v. State of Indiana (mem. dec.)
Criminal. Affirms Benjamin Faulk’s conviction of murder and sentence to 60 years executed in the Indiana Department of Correction. Finds the evidence is sufficient to rebut Faulk’s claim of self-defense and to prove Faulk murdered Jamie Hines. Also finds the Marion Superior Court acted within its discretion in sentencing Faulk. Finally, finds Faulk’s sentence is not inappropriate considering the nature of the offense and his character.

K.W. v. C.W. (mem. dec.)
Domestic relation. Affirms the Johnson Superior Court’s order granting permission to C.W. to relocate to Missouri with K.W., Jr., her child with K.W. Finds the trial court did not err.

Chad Giroux v. State of Indiana (mem. dec.)
Criminal. Affirms Chad Giroux’s sentence to an aggregate of 35 years’ incarceration, with one year suspended to probation, for his convictions of Level 1 felony neglect of a dependent resulting in death, Class A misdemeanor failure to report a dead body, Level 6 felony perjury and Level 6 felony obstruction of justice. Finds the Tippecanoe Superior Court did not abuse its discretion in sentencing Giroux. Also finds Giroux’s sentence is not inappropriately harsh.

Christopher McGregor v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Christopher McGregor’s placement in work release. Finds the Madison Circuit Court did not err in finding McGregor violated the terms of his placement in work release.

Shawn R. Dotson v. State of Indiana (mem. dec.)
Criminal. Affirms Shawn Dotson’s sentence to 14 years in the Indiana Department of Correction for his conviction of Level 3 felony aggravated battery. Finds Dotson’s sentence is not inappropriate.

Roderick Johnson and Theus Wilkins v. Thomas Turner, Elsie Foster, et al. (mem. dec.)
Miscellaneous. Affirms the denial of Roderick Johnson and Theus Wilkins’ petition for a tax deed for real estate in Gary owned by Thomas Turner and Elsie Foster. Finds Johnson and Wilkins did not give notice that was reasonably calculated under all the circumstances to notify Turner and Foster that they had purchased the real estate at a tax sale and had the right to redeem the property.