Opinions Aug. 12, 2020

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Indiana Court of Appeals
Culver Community Teachers Association, et al. v. Indiana Education Employment Relations Board
19A-PL-2989
Civil plenary. Reverses the Marion Superior Court’s denial of the Culver Community Teachers Association, Decatur County Education Association, Smith-Green Community Schools Classroom Teachers Association, and West Clark Teachers Association’s joint verified petition for judicial review of the Indiana Education Employment Relations Board’s final decisions regarding their respective collective bargaining agreements. Finds the trial court erred in denying the Teachers Associations’ petition for judicial review. Remands to the IEERB with instructions to adopt the ratified contracts. Judge Patricia Riley dissents with a separate opinion.

Eddie Vance, III v. State of Indiana (mem. dec.)
20A-CR-221
Criminal. Affirms Eddie Vance III’s aggregate 10-year sentence for conviction of two counts of Level 5 felony battery resulting in serious bodily injury, as well as his conviction of Count II. Finds sufficient evidence to convict Vance of Count II, and finds the Delaware Circuit Court did not abuse its discretion in sentencing Vance on both counts. Judge Patricia Riley concurs in part, dissents in part with a separate opinion.

Chanda Harris v. State of Indiana (mem. dec.)
19A-CR-2580
Criminal. Affirms Chanda Harris’ three convictions of Level 6 felony neglect of a dependent. Finds sufficient evidence to support the convictions. Finds the Marion Superior Court did not abuse its discretion in excluding the photographs from evidence. Also finds Harris has failed to establish that the absence of an unanimity instruction was so prejudicial as to render a fair trial impossible.

Christopher A. Tubbs v. State of Indiana (mem. dec.)
20A-CR-186
Criminal. Affirms Christopher Tubbs’ aggregate 20-year sentence for conviction of dealing in methamphetamine as a Level 4 felony and to being a habitual offender. Finds that Tubbs did not show that his sentence imposed in Tippecane Superior Court is inappropriate in light of the nature of the offense and his character.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of M.O. (Minor Child) and F.O. (Father) v. The Indiana Department of Child Services (mem. dec.)
20A-JT-211
Juvenile termination. Affirms the termination of F.O.’s parental rights to his child, M.O. Finds the Department of Child Services established by clear and convincing evidence the requisite elements to support the termination of parental rights in Marion Superior Court.

James McMahan v. State of Indiana (mem. dec.)
19A-CR-2917
Criminal. Affirms James McMahan’s term of six years with one year suspended to probation after pleading guilty but mentally ill to Level 5 felony stalking. Finds the Washington Circuit Court acted within its discretion in determining that McMahan’s mental health did not warrant significant mitigating weight.

In the Matter of the Termination of the Parent-Child Relationship of Ja.P., J.B., and Ju.P. (Minor Children); D.P. (Father) v. IDCS (mem. dec.)
20A-JT-515
Juvenile termination. Affirms the Delaware Circuit Court’s termination of D.P.’s parental rights to his minor children: Ja.P., J.B., and Ju.P. Finds that the continuation of the parent-child relationships poses a threat to the wellbeing of the children.

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