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Michael Clark v. Elisa M Mrozinski
No. 26A-MI-538
Appeal from the LaPorte Superior Court, Judge Jeffrey L. Thorne. Michael Clark and Elisa Mrozinski, siblings, had a dispute over their late father’s estate that led to a mediation agreement which they later accused each other of violating. The trial court ordered compliance with the agreement, and after a series of motions and contempt hearings, found Clark in contempt for his actions challenging the agreement in another jurisdiction. The court imposed sanctions totaling $177,852.86 against Clark for these violations. Clark’s appeal raised issues of waiver, the propriety of the sanctions, and procedural claims. The court affirmed the sanctions but remanded for the trial court to consider whether appellate attorney fees should be awarded. Judge Scheele authored the opinion, with Judges May and Pyle concurring. Appellant attorneys: Michael T. Sawyier, Chesterton; Benjamin T. Ballou, Crown Point. Appellee attorneys: Robert J. Palmer, R. William Jonas, Jr., May Oberfell Lorber LLP, Mishawaka.
Nov. 12
Indiana Court of Appeals
Charles Ethan Miles v. State of Indiana
No. 26A-CR-455
Appeal from Vanderburgh Superior Court, Magistrate Emily S. Kemper. Charles Ethan Miles appealed his conviction of murder, claiming that the trial court erred in instructing the jury on voluntary manslaughter. The court found that while one jury instruction was erroneous, it did not constitute fundamental error, as the overall instructions were sufficient to guide the jury. The court affirmed the conviction, holding that the erroneous instruction did not mislead the jury in a manner that denied Miles a fair trial. Chief Judge Tavitas authored the opinion, with Judge Felix concurring and Judge Bradford concurring partially in result with a separate opinion. Attorney for appellant: Matthew J. McGovern, The McGovern Law Office, Fishers. Attorneys for appellee: Office of the Indiana Attorney General.
Indiana Court of Appeals
Termination: J M v. Indiana Department of Child Services
No. 26A-JT-1249
Appeal from La Porte Circuit Court, Judge Julianne K. Havens and Magistrate Erika C. Stallworth. The court affirmed the termination of J.M.’s parental rights to his child, J.G. The trial court found that the father could not care for the child due to his ongoing incarceration and lack of completed casework services. The trial court held that the conditions leading to child’s removal were unlikely to be remedied and that maintaining the parent-child relationship posed a threat to the child’s well-being. The ruling emphasized the father’s failure to participate in required services during incarceration, despite some efforts at self-improvement. Chief Judge Tavitas authored the opinion, with Judge May concurring. Judge Vaidik dissented. Appellant attorney: Jessica R. Merino, Wyatt, Indiana. Attorneys for appellee: Office of the Indiana Attorney General.
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