Opinions April 1, 2019

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Indiana Court of Appeals
In the Matter of A.R., A.S., L.S., and J.O., Children Alleged to be Cihldren in Need of Services; M.O. (Mother) v. Indiana Department of Child Services

Juvenile CHINS. Reverses the Tippecanoe Superior Court’s adjudication of M.O.’s four minor children as children in needs of services. Finds the trial court erred in adjudicating A.R., A.S., L.S., and J.O. as CHINS. Concludes the Department of Child Services did not meet its burden to demonstrate that the children have needs that they were unlikely to receive without the coercive intervention of the court.

Daryl K. Henderson, Jr. v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of Daryl K. Henderson, Jr.’s petition for post-conviction relief. Finds Henderson’s trial counsel’s performance was not deficient and that the trial court did not err in its denial of his petition.

Matthew A. Wintrode v. State of Indiana (mem. dec.)
Criminal. Affirms Matthew Wintrode’s conviction of Level 3 felony rape, Level 5 felony battery, and Class A misdemeanor battery. Finds the Huntington Superior Court did not abuse its discretion in denying his motion for mistrial or in admitting testimony of several detectives as evidence.

LaQuitta Griggs v. State of Indiana (mem. dec.)
Criminal. Affirms the Marion County Superior Court’s order that LaQuitta Griggs serve seven years in the Department of Correction for violating probation and terms of community corrections. Finds the trial court did not abuse its discretion in ordering her to serve all seven years in the DOC.

Mohammed Nadeem v. Shahidatul Akmal Abubakar (mem. dec.)
Domestic relation. Affirms the Allen Superior Court’s order modifying Mohammed Nadeem’s child support obligation. Finds the doctrine of res judicata did not preclude the dissolution court from determining Nadeem’s income and job position in 2017. Also finds the dissolution court did not err in determining he is the CEO of Paharpur, or that he earns $200,004 per year.

Joseph G. Ross v. State of Indiana (mem. dec.)
Criminal. Affirms the Floyd Superior Court’s revocation of Joseph Ross’ entire suspended sentence for committing several probation violations and another criminal offense. Finds the trial court did not abuse its discretion.

Gary T. Hunter, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms Gary Hunter Jr.’s nine-year sentence for conviction of Level 3 felony possession of methamphetamine. Finds the Fayette Circuit Court did not abuse its discretion in sentencing him. Finds the sentence is not inappropriate in light of the nature of the offense and his character.

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