Opinions June 1, 2021

Indiana Court of Appeals
In Re: the Adoption of K.T.; J.J. and C.T. v. G.C. and C.B.
20A-AD-2102
Adoption. Affirms the order finding that mother C.T. and father J.J.’s consent to the adoption of their minor child, K.T., was not necessary. Finds the Fulton Circuit Court did not err as a matter of law when it considered whether C.T. and J.J.’s consents to the adoption were required despite an ongoing CHINS proceeding with K.T. Also finds the record supports the trial court’s findings that J.J.’s consent to the adoption is not required, and the court’s findings support its judgment dispensing with J.J.’s consent.

Michael Lee McMillen v. State of Indiana
20A-CR-1822
Criminal. Affirms Michael McMillen’s conviction of Level 5 felony battery. Finds the Tippecanoe Superior Court properly admitted into evidence body-camera footage containing Leshia Beers’ statements that McMillen attacked her, or the charging information, guilty plea and sentencing order of McMillen’s prior battery conviction.

Rebekah A. Atkins v. Crawford County Clerk’s Office, Elected Clerk, Lisa Stephenson Holzbog, Chief Deputy Clerk-Lisa Ward, Deputy Clerk Charla Dawn Wright, and Deputy Clerk Vicki McMullen
20A-MI-2160
Miscellaneous. Reverses the denial of Rebekah Atkins’ motion to proceed in forma pauperis and the dismissal of her case against the Crawford County Clerk’s Office, clerk and its employees, but affirms the denial of Atkins’ motion for appointed counsel. Finds the Crawford Circuit Court erroneously denied Atkins’ motion to proceed in forma pauperis. Also finds the trial court erroneously granted the motion to dismiss. Finally, finds the trial court did not err in denying Atkins’ request for the appointment of counsel, and Atkins failed to overcome the presumption that the trial court judge was unbiased and unprejudiced.

Steven J. Vaughan v. Charles T. Vaughan (mem. dec.)
20A-PL-2243
Civil plenary. Affirms the entry of judgment in the amount of $1,160,451.72 in favor of father Charles R. Vaughan and against son Steven J. Vaughan. Finds Steven has not established that the evidence presented to the Tippecanoe Circuit Court fails to support the court’s findings or that the court applied an incorrect legal standard. Also finds the trial court did not clearly err in entering judgment in Charles’ favor.

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