Opinions Jan. 29, 2019

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Indiana Court of Appeals 
C.S. v. T.K.

18A-PO-1566
Protection order. Reverses the Howard Superior Court’s issue of a protective order for T.K. against C.S. Finds there is insufficient evidence to support the issuance of the protective order and a finding of stalking, as only one of three encounters between T.K. and C.S. included sufficient evidence of harassment. 

In re: The Marriage of: Caleb Hazelett v. Hailey Hazelett
18A-DN-1592
Domestic relations no children. Affirms and reverses in part the order awarding sole legal and primary physical custody of B.H. to Hailey Hazelett and the order for Caleb Hazelett to have supervised parenting time and pay child support. Finds the Allen Superior Court properly delayed Caleb's overnight parenting time pursuant to the Indiana Parenting Time Guidelines, but failed to enter appropriate findings and improperly considered his active duty status in its custody determination. Also finds the trial court erred in its decision regarding supervised parenting time and child support. Remands.

In the Matter of the Termination of the Parent-Child Relationship of S.H., Mother, A.M., Father, and M.M. and L.M., Children: S.H. v. Indiana Department of Child Services (mem. dec.)
18A-JT-1813
Juvenile termination of parental rights. Affirms the St. Joseph Probate Court’s termination of S.H.’s parental rights to her two minor children. Finds the termination of parental rights was not clearly erroneous. Also finds the trial court did not abuse its discretion in denying S.H.’s motion to continue the termination hearing.

In the Matter of the Termination of the Parent-Child Relationship of M.M., Father, Mi.M., Mother, and Ma.M., Child, M.M. v. Indiana Department of Child Services (mem. dec.)
18A-JT-2072
Juvenile termination of parental rights. Affirms the Fayette Circuit Court’s termination of M.M.’s parental rights to Ma.M. Finds  the juvenile court’s findings that M.M. will not remedy the conditions resulting in Ma.M.’s removal and that termination of his parental rights is in Ma.M.’s best interests were not clearly erroneous.

Robert Lee Brady, Jr. v. State of Indiana (mem. dec.)
18A-CR-1395
Criminal. Affirms Robert Brady, Jr.’s conviction for Level 2 felony dealing in methamphetamine. Finds sufficient evidence to support Brady’s conviction of dealing in methamphetamine as an accomplice.

Bomani Marsh v. State of Indiana (mem. dec.)
18A-CR-835
Criminal. Affirms Bomani Marsh’s convictions for Class A misdemeanor carrying a handgun without a license and Class C Misdemeanor operating a vehicle without ever receiving a license. Finds Marsh had ample opportunity to discuss with his counsel whether to request a jury trial. 

In the Matter of the Involuntary Termination of the Parent-Child Relationship of R.L., et. al. (Minor Children) and T.L. (Father) and O.S. (Mother) v. Indiana Department of Child Services (mem. dec.)
18A-JT-2253
Juvenile termination of parental rights. Affirms the Dubois Circuit Court’s termination of T.L.’s parental rights to R.L., L.L. and A.L. Finds the juvenile court did not abuse its discretion or violate T.L.’s due process rights by denying his request for a continuance. 

Javier Gonzalez v. State of Indiana (mem. dec.)
18A-PC-2284
Post-conviction. Affirms the Elkhart Superior Court’s denial of Javier Gonzalez’s petition for post-conviction relief. Finds Gonzalez fails to carry his burden to show deficient performance by his trial counsel.

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