Court of Appeals of Indiana
R.M. v. Indiana Department of Child Services
Expungement petition. Affirms the denial of R.M.’s motion to correct error, filed after the Sullivan Circuit Court denied her petition to expunge the child in need of services and Department of Child Services records concerning her 2013 involvement with DCS. Finds the trial court did not abuse its discretion because R.M. did not show that the records had insufficient current probative value to justify their retention by DCS for future reference.
Stephen J. Pilarski v. Indiana Parole Board (mem. dec.)
Miscellaneous. Affirms the denial of Stephen J. Pilarski’s petition for a writ of habeas corpus. Finds the designated evidence supports the Miami Circuit Court’s entry of summary disposition on Pilarski’s due process arguments. Also finds the trial court properly entered summary disposition for the Indiana Parole Board on Pilarski’s allegation that parole officers misrepresented his statements to them. Finally, finds Pilarski waived his argument that the revocation of his parole violated his right to be free from an ex post facto law.
Gage Patrick Condon v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Gage Patrick Condon’s community corrections placement. Finds sufficient evidence demonstrated Condon violated the conditions of his community corrections placement. Also finds the St. Joseph Superior Court did not abuse its discretion in ordering Condon to serve the remainder of his sentence incarcerated.
In re the Termination of the Parent-Child Relationship of Ja.R. (Child) and J.R. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the involuntary termination of father J.R.’s parental rights to Ja.R. Finds the Delaware Circuit Court’s findings support its conclusions that the conditions under which Ja.R. was removed from J.R.’s care would not be remedied, and that the termination of J.R.’s parental rights was in Ja.R.’s best interests.
In the Termination of the Parent-Child Relationships of: J.R., Sha.C., and Shan.C. (Minor Children) and S.R. (Father) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of father S.R.’s parental rights to J.R., Sha.C. and Shan.C. Finds S.R. waived his argument that the Department of Child Services violated his due process rights by failing to provide certain reunification services, and waiver notwithstanding, the record shows DCS did not violate his due process rights. Also finds the Hancock Circuit Court’s finding that the conditions that resulted in the children’s removal will not be remedied is supported by the record. Finally, finds S.R.’s argument that DCS failed to establish a satisfactory plan of adoption is contrary to law.
Gary W. Miller, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Gary W. Miller Jr.’s probation. Finds the Ripley Superior Court did not abuse its discretion when it ordered Miller to serve the majority of his previously suspended sentence.
Shane Ketcham v. State of Indiana (mem. dec.)
Criminal. Affirms Shane Allen Ketcham’s sentence to five years, with two years executed and three years suspended to probation, for his conviction of Level 5 felony operating a motor vehicle with a Schedule I or II controlled substance in his blood causing serious bodily injury. Finds the St. Joseph Superior Court did not abuse its discretion in not finding certain mitigators.