Opinions April 16, 2018

April 16, 2018

Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of D.P., K.P., and M.P. (Minor Children), and J.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)
Termination of parental rights. Affirms the termination of J.P.’s parental rights to her children D.P., K.P. and M.P. Finds the Indiana Department of Child Services established by clear and convincing evidence the requisite statutory elements to support the termination decision.

A.B. v. State of Indiana (mem. dec.)
Juvenile. Affirms St. Joseph Probate Court’s modifying A.B.’s placement to the Rite of Passage DePaul Academy. Rules the juvenile court did not abuse its discretion in detaining A.B. in a juvenile detention center on multiple occasions and for greater than 90 days total.

Timothy Probst v. Jason Probst (mem. dec.)
Civil Plenary. Affirms the Dearborn Superior Court ruling against Timothy Probst’s claims of breach of contract. Concludes the trial court did not err in declining to grant relief by specific performance, finding Probst was never promised co-ownership of the farm, or compensation, holding Probst also benefited from the improvements to the land and loan payments he made.

Kimbert A. G. Crafton v. State of Indiana (mem. dec.)
Criminal. Affirms Kimbert Crafton’s six-year sentence with six months suspended to probation after pleading guilty to attempted theft, theft and resisting law enforcement, all Level 6 felonies. Rules the provision in Crafton’s plea agreement which waives his right to appeal his sentence is enforceable.  

Malcolm A. Walker v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of Malcolm A. Walker’s probation. Finds Walker’s due process rights were not violated because he was given sufficient notice of the alleged violations and that he was on probation for both failure to register as a sex offender and for child molesting.

Shawn Michael Perkinson v. State of Indiana (mem. dec.)
Criminal. Reverses Shawn Perkinson’s conviction of criminal trespass, a Class A misdemeanor. Concludes the record is absent any evidence that Perkinson knew his friend had been evicted from the home and was otherwise “denied entry” by the landowner. Remands to the Cass Superior Court for further proceedings.