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United States of America v. Earl Miller
23-3324
Criminal. Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Jon DeGuilio. Affirms Earl Miller’s sentence in district court to a below-guidelines term of 97 months’ imprisonment after a federal jury convicted Miller, owner of several real-estate investment companies, of wire fraud and securities fraud for stealing millions of dollars from his investors. Finds the district court therefore did not abuse its discretion in its restitution award of $2.3 million. Attorneys for appellant: William Cohen, Jerome Flynn, William Bruce Jr. Attorneys for appellee: David Hollar, Nathaniel Whalen.
Indiana Court of Appeals
Susan Sanders v. US Bank Trust National Association, as Trustee, for ABS Loan Trust VI
24A-MF-1265
Mortgage foreclosure. Affirms the Henry Circuit Court order granting summary judgment to US Bank Trust National Association, as Trustee, for ABS Loan Trust VI and granting ABS an in rem judgment of $48,437.40 and ordered the clerk of the court to distribute the remaining $41,409.29 of sheriff sale proceeds of Susan Sanders’ property to ABS. Finds the trial court’s appealed order complied with Indiana Code § 32-30-10-14 and that the trial court did not err by granting ABS’ summary judgment motion and ordering for the remaining sheriff sale proceeds to be disbursed to ABS. Attorneys for appellant: Harley Means, Jason Mizzell. Attorneys for appellee: Kurt Laker, Nathan Dewan.
Duston Nielson v. State of Indiana
24A-CR-2295
Criminal. Affirms Dustin Nielson’s convictions in Marion Superior Court for Level 1 felony child molesting and Level 4 felony child molesting and his designation as a credit-restricted felon. Finds Nielson waived his arguments about the “Specific Findings” form and in any event hasn’t shown reversible error. Also finds the evidence is sufficient to support the convictions. Attorney for appellant: Joshua Vincent. Attorneys for appellee: Attorney General Todd Rokita, Jennifer Anwarzai.
In re the Involuntary Termination of the Parent-Child Relationship of E.P. and M.P. (Minor Children) and E.C. (Father) v. Indiana Department of Child Services
25A-JT-84
Juvenile termination of parental rights. Affirms the Hamilton Circuit Court’s termination of E.C.’s parental rights over his two minor children, E.P. and M.P. Finds that the trial court in the CHINS proceedings violated the father’s statutory right to counsel when it did not reappoint him counsel that he had requested and to which he was entitled. Finally, finds that the Indiana Department of Child Services presented sufficient evidence to support the trial court’s judgment to terminate the father’s parental rights. Attorney for appellant: Michael Price. Attorneys for appellee: Attorney General Todd Rokita, Monika Talbot.
J.K. v. S.H.
25A-PO-173
Protective order. Dismiss J.K.’s appeal and S.H.’s cross-appeal of the Boone Superior Court’s protective order judgment that dismissed a protective order against J.K.and denied the father’s request for attorney fees. Affirm the trial court’s order denying the father’s expungement petition. Finds neither party filed a timely notice of appeal as to the protective order judgment and offer no extraordinarily compelling reasons to reinstate their forfeited appeals. Also finds the father’s expungement petition did not comply with the governing statute. Appellant pro se: J.K. Appellee pro se: S.H.
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