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Opinions April 9, 2018

April 9, 2018

Indiana Court of Appeals

K.K. v. State of Indiana
49A02-1710-JV-2274
Juvenile. Affirms K.K.’s adjudication as a juvenile delinquent for committing acts that would be Level 4 felony burglary and Level 6 felony theft if committed by an adult. Finds the Marion Superior Court did not abuse its discretion in admitting fingerprint evidence.

Kimberly K. Robinson, in her official capacity as Trustee of Calumet Township, Indiana, and as a resident and taxpayer of Calumet Township v. Indiana Department of Local Government Finance, et al.
45A03-1707-PL-1643
Civil plenary. Affirms the Lake Superior Court’s conclusion that it lacked subject matter jurisdiction over the Calumet Township trustee’s complaint for declaratory judgment and injunctive relief against the Indiana Department of Local Government Finance and the Town of Griffith. Reverses the transfer of the case to the Indiana Tax Court. Finds the case “arises under” tax laws. Remands to the trial court with instructions to dismiss the case.

In the Matter of K.P.G. (Minor Child), a Child in Need of Services, K.P. (Mother) v. The Indiana Department of Child Services
49A05-1709-JC-2053
Juvenile CHINS. Affirms the adjudication of K.P.G. as a child in need of services. Finds K.P. waived her argument that the Marion Superior Court lacked personal jurisdiction over her and her child. Also finds the evidence is sufficient to support the CHINS determination.

In the Matter of the Termination of the Parent-Child Relationship of U.R. (Minor Child); T.R. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A02-1709-JT-2203
Juvenile termination of parental rights. Affirms the termination of T.R.’s parental rights over her minor child, U.R. Finds the Delaware Circuit Court did not violate T.R.’s parental rights when it did not immediately cease an initial hearing when she stated she wanted to hire an attorney. Also finds the trial court did not clearly err when it concluded the conditions that resulted in U.R.’s removal would not be remedied.

In Re the Guardianship of John T. Aldrich, an Adult, Brock L. Aldrich v. Sandra Aldrich (mem. dec.)
08A02-1704-GU-821
Guardianship. Affirms the appointment of Brock and Sandra Aldrich as co-guardians for the person and estate of John T. Aldrich, an incapacitated adult. Finds the Carroll Circuit Court did not abuse its discretion by appointing a guardian merely because John had previously executed grants of powers of attorneys. Also finds the trial court did not abuse its discretion in requiring Brock to share guardianship with Sandra.

Toya K. Radford v. State of Indiana (mem. dec.)
49A02-1710-CR-2273
Criminal. Affirms Toya Radford’s conviction of dealing in cocaine as a Level 2 felony. Finds the state presented sufficient evidence to support Radford’s conviction. Also finds the Marion Superior Court did not commit fundamental error in instructing the jury.

Courtney Woodard v. State of Indiana (mem. dec.)
34A04-1710-CR-2411
Criminal. Affirms the revocation of Courtney Woodard’s probation and the order for him to serve the remainder of his sentence in the Indiana Department of Correction in one cause and to toll his probation in a second cause until his release from prison. Finds the Howard Superior Court did not abuse its discretion in tolling Woodard’s probation. Also finds the trial court did not improperly calculate Woodard’s credit time.

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