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Opinions March 21, 2018

March 21, 2018
KEYWORDS Opinions

Indiana Court of Appeals
R. Kinsey Brooks, Susan K. Brooks v. Bank of Geneva

01A05-1709-MF-2174
Mortgage foreclosure. Reverses the grant of summary judgment in favor of Bank of Geneva on the denial of R. Kinsey Brooks and Susan Brooks’ motion for summary judgment. Finds the mortgage on the Brookses’ property should have been released as a matter of law. Remands with instructions for the mortgage on the property to be released and for consideration of the Brookses’ abuse of process claim.

In the Matter of the Termination of the Parent-Child Relationship of L.D.C. & J.C. (Children) and M.C. (Mother); M.C. (Mother) v. The Indiana Department of Child Services (mem. dec.)
72A01-1709-JT-2204
Juvenile termination of parental rights. Affirms the termination of M.C.’s parental rights to L.D.C. and J.C. Finds any error in the Scott Circuit Court’s conclusion regarding Indiana Code section 31-35-2-4.5(d) was harmless because there was additional sufficient evidence and findings to support termination of M.C.’s parental rights. Also finds the trial court’s unchallenged findings support its conclusion there was a reasonable probability the conditions that resulted in the children’s removal would not be remedied and that termination was in the children’s best interests.
 
Robert E. Young v. State of Indiana (mem. dec.)
67A04-1707-CR-1578
Criminal. Affirms Robert E. Young’s conviction of Level 3 felony aggravated battery. Finds the Putnam Circuit Court did not commit fundamental error in instructing the jury on self-defense.

In the Matter of the Termination of the Parent-Child Relationship of De.F., Dy.F., A.F., & J.F. (Minor Children) and D.B.F. (Father) & J.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
75A03-1708-JT-1883
Juvenile termination of parental rights. Affirms the involuntary termination of D.B.F. and J.S.’s parental rights to De.F., A.F., Dy.F. and J.F. Finds the Starke Circuit Court’s findings regarding whether the conditions under which the children were removed would not be remedied supported that conclusion. Also finds the trial court’s findings supported the conclusion that termination was in their best interests.
 
Corey L. Walton v. State of Indiana (mem. dec.)
45A03-1709-PC-2111
Post-conviction. Affirms the denial of Corey Walton’s petition for post-conviction relief. Finds the Lake Superior Court did not err.
 
In the Termination of the Parent-Child Relationship of: M.H. and B.H. (Minor Children), and, B.H. (Father) v. The Indiana Department of Child Services (mem. dec.)
09A04-1709-JT-2106
Juvenile termination of parental rights. Affirms the termination of B.H.’s parental rights to his children, M.H. and Br.H. Finds the evidence is sufficient to support the termination of B.H.’s parental rights.
 
D.S. v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
93A02-1711-EX-2600
Agency. Affirms the Indiana Department of Workforce Development Review Board’s affirmation of an administrative law judge’s determination that D.S. was discharged from his employment for just cause and thus was ineligible for unemployment benefits. Finds there is substantial evidence to support the Review Board’s decision. Also finds the Review Board’s decision was not unreasonable.

Nakya M. Ramseyer v. State of Indiana (mem. dec.)
05A02-1709-CR-2189
Criminal. Affirms Nayka M. Ramseyer’s conviction of Class A misdemeanor possession of a Schedule VI controlled substance. Finds Ramseyer was clearly informed about and consented to the search of her residence.

 

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