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Opinions June 11, 2018

June 11, 2018

Indiana Court of Appeals
Erica Manis v. Trista McNabb 

18A-GU-96 
Guardianship. Affirms the Madison Circuit Court’s denial of mother Erica Manis’ petition to terminate Trista McNabb’s guardianship of her child, J.F., but reverses the court’s denial of Manis’ request for parenting time. The trial court erred by refusing to consider the petition for visitation time because it believed it lacked authority to order parenting time for mother.

In the Matter of the Termination of the Parent-Child Relationship of J.S., Mother, and P.S. and A.S., Children, J.S. v. Indiana Department of Child Services (mem. dec.) 
18A-JT-74 
Juvenile termination. Affirms the termination of mother J.S.’s parental rights to children P.S. and A.S. Mother’s due process rights were not violated and the totality of the evidence supported the determination that termination was in the children’s best interests.

Terry Baksh v. State of Indiana (mem. dec.) 
49A04-1711-CR-2591 
Criminal. Affirms Terry Baksh’s conviction of Class A misdemeanor battery. Baksh’s self-defense claim fails and the evidence is sufficient to support his conviction.

Sergio Villegas-Solache v. State of Indiana (mem. dec.) 
18A-CR-236 
Criminal. Affirms the one-year sentence imposed upon the revocation of Sergio Villegas-Solache’s probation, finding the Hamilton Circuit Court adequately considered mitigating circumstances, and the revocation did not violate the terms of Villegas-Solache’s plea agreement. 

Matthew L. Major v. State of Indiana (mem. dec.) 
53A04-1711-PC-2650 
Post-conviction. Affirms the denial of Matthew L. Major’s petition for post-conviction relief. The Monroe Circuit Court did not err in denying his petition claiming ineffective assistance of counsel because no factual allegation supported the claim.

Alan Cornelius Landry v. State of Indiana (mem. dec.) 
46A03-1710-CR-2373 
Criminal. Affirms Alan Cornelius Landry’s felony murder conviction. The evidence directly supported the jury’s verdict of guilty beyond a reasonable doubt and was sufficient to support Landry’s conviction.

In the Termination of the Parent-Child Relationship of: L.B. (Minor Child), and W.N. (Father) v. The Indiana Department of Child Services (mem. dec.) 
18A-JT-273 
Juvenile termination. Affirms the White Circuit Court’s termination of father W.N.’s parental rights to child L.B. The evidence was sufficient to support the determination that termination was in the child’s best interest.

Jason E. Walls v. State of Indiana (mem. dec.) 
18A-CR-264 
Criminal. Affirms Jason E. Walls’ two-year executed sentence for his conviction of Level 6 felony possession of methamphetamine, finding the sentence is not inappropriate in light of the nature of the offense and the character of the offender.

Rodolfo Ruiz Lugo v. State of Indiana (mem. dec.) 
49A02-1711-CR-2548
Criminal. Affirms Rodolfo Ruiz Lugo’s conviction of Level 5 felony sexual misconduct with a minor. There was no prosecutorial misconduct regarding the characterization of the victim’s testimony. 

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