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Indiana Court of Appeals
Ivan Hernandez-Vargas v. State of Indiana
24A-CR-1306
Criminal. Reverses the Hamilton Superior Court’s order upon revocation of Ivan Hernandez-Vargas’s probation which included a civil judgment for probation user fees assessed at the time of original sentencing. Finds that trial courts are not statutorily constrained to leave in place probation fees such as the ones at issue here. Remands with instructions to reduce the amount of fees by $660.

Indiana Court of Appeals
State of Indiana v. Shianne Brooks-Brown
24A-CR-627
Criminal. Affirms the Carroll Circuit Court’s denial of the state’s motion to exclude Shianne Brooks-Brown’s proffered evidence with respect to her subjective state of mind at the time of the alleged offenses of being an accomplice to robbery and murder. Finds that as long as Brooks-Brown’s proffered evidence is admissible under the Indiana Rules of Evidence, her evidence is entirely consistent with Indiana law. Judge L. Mark Bailey concurs with separate opinion. Chief Judge Robert Altice dissents with separate opinion.

Indiana Court of Appeals
In the Matter of J.M. and K.M., Children in Need of Services, K.R. v. J.M., Sr., and Indiana Department of Child Services, and Kids’ Voice of Indiana
24A-JC-202
Juvenile CHINS. Affirms the Marion Superior Court’s decision to modify the custody of two of K.R.’s children, J.M. and K.M, in lieu of adjudicating the children as children in need of services. Finds the order modifying custody of the children, rather than adjudicating them as CHINS, was supported by the record and reflects adherence to applicable law. Also finds to the extent the mother argues that modifying child custody deprived her of a meaningful opportunity to engage in services, this argument is better directed toward the Legislature, which has authorized modification in these scenarios.