Opinions May 24, 2019

Keywords Opinions

Indiana Court of Appeals 
In the Matter of the Involuntary Termination of the Parent-Child Relationship of: J.M. and E.M. (Minor Children), and J.K. (Mother) v. Indiana Department of Child Services (mem. dec.)

18A-JT-2868
Juvenile termination of parental rights. Affirms the termination of J.K.’s parental rights to two of her minor children, J.M. and E.M. Finds there is sufficient evidence to support the termination.

Cornell Montgomery v. State of Indiana (mem. dec.)
18A-CR-2487
Criminal. Affirms Cornell K. Montgomery Jr.’s convictions of battery resulting in serious bodily injury and neglect of a dependent resulting in serious bodily injury, both as Level 3 felonies, and his aggregate 12-year sentence. Finds the Allen Superior Court did not violate Montgomery’s constitutional right to an impartial jury by denying his Batson objection. Also finds the evidence is sufficient to support the convictions. Finally, finds Montgomery’s sentence is not inappropriate in light of the nature of the offenses and his character, and the trial court did not abuse its discretion in ordering his concurrent sentences to be served consecutive to his sentence in another cause. 

Anthony Brockington v. State of Indiana (mem. dec.)
18A-CR-2422
Criminal. Affirms the revocation of Anthony Brockington’s probation and the order for him to serve his six-year sentence in the Indiana Department of Correction. Finds the state met its burden of proving by a preponderance of the evidence that Brockington had violated the terms of his community corrections placement. Also finds the Madison Circuit Court did not abuse its discretion in imposing a sanction for the violations.

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