Opinions Oct. 18, 2021

Keywords Opinions

Indiana Court of Appeals
Gabriel Cabrera v. State of Indiana
21A-CR-446
Criminal. Affirms Gabriel Cabrera’s convictions of child molestation and sexual misconduct with a minor after a bench trial. Finds Cabrera has failed to demonstrate that the Marion Superior Court committed fundamental error.

Tracey Wheeler v. Kathy Alvey, et al. (mem. dec.)
20A-MI-2034
Miscellaneous. Reverses the denial of Tracey Wheeler’s complaint against prison officials/employees alleging a tort claim for negligence. Finds that although Wheeler’s non-tort claims will not likely avoid subsequent dismissal regardless of amendment to the complaint, it is possible for his tort claim to proceed. Also finds Wheeler was prejudiced by the Perry Circuit Court’s erroneous rulings, and he deserves the right to amend his complaint. Remands to the trial court to allow Wheeler to amend his complaint.

In re the Termination of the Parent-Child Relationship of M.M. (Minor Child) and S.D. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-840
Juvenile termination of parental rights. Affirms the termination of mother S.D.’s parental rights to her daughter, M.M. Finds S.D. has failed to show that conducting the termination hearing via Zoom violated her due process rights, or that the Monroe Circuit Court clearly erred in terminating her parental rights to M.M.

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