Opinions April 22, 2021

Indiana Court of Appeals
Sarah Swingley v. City of Muncie, Ball State University, and Board of Trustees of Ball State University (mem. dec.)
Civil plenary. Affirms the grant of summary judgment to Ball State University, its board of trustees and the city of Muncie on Sarah Swingley’s complaint filed after she was struck and run over by a pickup truck near the BSU campus. Finds the designated evidence does not reveal a genuine issue of material fact as to whether a duty was owed to Swingley by either BSU or by the city under applicable Indiana law. Also finds neither owed Swingley any duty recognized in Indiana. Finally, finds BSU and the city are entitled to judgment as a matter of law, and the Delaware Circuit Court did not err in granting summary judgment.

In the Matter of K.S.L. (Minor Child), Child in Need of Services, and LD.M. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile CHINS. Affirms the finding that mother L.D.M.’s daughter K.S.L. is a child in need of services. Finds the Department of Child Services presented ample evidence that K.S.L. needs care, treatment or rehabilitation in the form of individual and family counseling and tutoring that she is not receiving, and which are unlikely to be provided or accepted without coercive court intervention. Also finds L.D.M. has demonstrated a pattern of denial and deflection, has acknowledged a willingness to engage in physical abuse and has essentially abandoned her parental obligations. Finally, finds the Allen Superior Court did not clearly err.

Dominique Hawkins v. State of Indiana (mem. dec.)
Criminal. Reverses Dominique Hawkins’ conviction of Level 6 felony domestic battery in the presence of a child. Finds that on the unique facts of this case, the evidence presented at trial does not permit an inference beyond a reasonable doubt that Hawkins was at least 18 years old at the time of the offense, a required element of the charged crime. Remands for the Marion Superior Court to vacate Hawkins’ felony conviction, enter conviction for Class A misdemeanor domestic battery and resentence Hawkins accordingly.

In re the Termination of the Parent-Child Relationship of N.M. & L.M. (Minor Children) and B.M. (Mother) and I.H. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of mother B.M. and father I.H.’s parental rights to children N.M. and L.M. Finds the Madison Circuit Court’s conclusion that there is a reasonable probability that the conditions resulting in the children’s removal from B.M.’s care, or the reasons for the children’s continued placement outside her home, would not be remedied is supported by clear and convincing evidence, as is the same finding related to N.M.’s removal from I.H.’s care. Also finds the purpose of the dispositional hearing and order was met, and I.H. has not established that his due process rights were violated during the CHINS proceeding. Finally, finds the trial court’s conclusion that termination of I.H.’s parental rights is in N.M.’s best interests is supported by clear and convincing evidence.

Michelle Colen v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Michelle Colen’s probation and the order for her to serve her 1,443-day suspended sentence in the Department of Correction. Finds Colen has failed to establish her burden that she is entitled to credit time.

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