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In the Matter of the Parent-Child Relationship of Ma.H., Le.H., Lo.H., W.H., La.H., Me.H., and S.W. (Children) and M.H. (Father) and R.H. (Mother); et al. v. The Indiana Department of Child Services
18A-JT-1296
Juvenile termination of parental rights. Reverses and remands the Wells Circuit Court’s termination of M.H. and R.H.’s parental rights to their seven children. Finds the trial court’s requirement that M.H. admit to sexually abusing stepdaughter R.W. as part of sex offender treatment violated his Fifth Amendment rights. Remands for reinstatement of the CHINS cases, a re-examination of the requirements for reunification and a revised dispositional order outlining the services consistent with the holdings in the opinion that M.H. and R.H. must complete to reunify with the children. Judge Margret Robb dissents with separate opinion.
Deryan Oneil Cook v. State of Indiana
18A-CR-348
Criminal. Affirms Deryan Cook’s murder conviction with a firearm sentence and his 65-year sentence. Finds the Vanderburgh Superior Court did not abuse its discretion in excluding evidence. Also finds Cook’s sentence is not inappropriate in light of the nature of the offense and his character.
Jose A. Soto v. State of Indiana (mem. dec.)
18A-CR-2135
Criminal. Affirms Jose Soto’s convictions of one count of Level 1 felony child molesting and one count of Level 4 felony child molesting and his 45-year sentence for the Level 1 felony. Finds that because Soto invited the admission of the three pieces of evidence he considers erroneous, he cannot challenge the admission of that evidence on appeal. Also finds his sentence is not inappropriate in light of the offense and the nature of his character.
Demariyon Wooden v. State of Indiana (mem. dec.)
18A-CR-1183
Criminal. Affirms Demariyon Wooden’s conviction for Level 6 felony auto theft. Finds the Marion Superior Court did not err in overruling Wooden’s Batson challenge to the state’s peremptory strike of a potential juror.
Larry P. Johnson v. State of Indiana (mem. dec.)
18A-CR-2249
Criminal. Affirms Larry Johnson’s two-year sentence for his conviction of Level 6 felony escape conviction. Finds Johnson has failed to prove his sentence is inappropriate.
David G. Kaufman v. State of Indiana (mem. dec.)
46A05-1707-CR-1596
Criminal. Affirms David Kaufman’s convictions for Class C felony attempted misconduct with a minor and Class D felony attempted possession of child pornography. Finds the LaPorte Circuit Court did not abuse its discretion or violate Indiana Evidence Rule 404(b) when it admitted prior conduct evidence.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of J.H. (Minor Child) and C.Q. (Father) v. The Indiana Department of Child Services (mem. dec.)
18A-JT-2257
Juvenile termination of parental rights. Affirms the Marion Superior Court’s judgment terminating C.Q.’s parental rights to J.H. Finds the trial court did not clearly err in holding that there was a reasonable probability that C.Q. would not remedy the reasons J.H. was not placed with him upon removal from Mother D.H.’s home, and that termination of his parental rights is in J.H.’s best interests.
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