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Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.P., and J.A. v. The Indiana Department of Child Services
49A02-1208-JT-643
Juvenile. Affirms termination of parental rights. Mother J.A.’s due process rights were not violated, and there was sufficient evidence to support the termination.
After the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the discussion quickly turned to Child in Need of Services petitions.
Mark Leonard, one of three arrested and charged for an explosion in an Indianapolis neighborhood that killed two people, has been charged with Class A felony conspiracy to commit murder. The Marion County Prosecutor’s Office alleges he attempted to arrange a murder-for-hire plan while in jail on charges stemming from the explosion.
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
Indiana Gov. Mike Pence announced Thursday that he has selected Steven L. Hostetler to replace St. Joseph Superior Chief Judge Michael P. Scopelitis when he retires June 3.
Senate budget writers appeared skeptical of a request Thursday to spend more than $2.1 million over the next four years to give public defenders statewide the same access to case management systems that prosecutors, judges and others have in many counties.
Indiana Court of Appeals
Marc Stults v. State of Indiana (NFP)
11A05-1210-CR-534
Criminal. Affirms conviction of Class D felony failure to register as a sex or violent offender.
Pamela A. Thompson v. Carroll E. Thompson (NFP)
33A01-1210-DR-454
Domestic relation. Affirms in part and reverses in part the dissolution of the Thompsons’ marriage. The record supports the court’s finding on and determination in finding that Pamela Thompson incurred only $3,000 in home repair costs during the pendency of the dissolution. Remands for further proceedings regarding a pension’s value.
In Re Paternity of G.K., A Minor Child; K.D.K. v. N.K. (NFP)
20A03-1209-JP-400
Juvenile. Affirms determination that husband K.D.K. failed to overcome the presumption that G.K. was a child of his marriage to wife N.K.
William D. Everage, Jr. v. State of Indiana (NFP)
48A04-1207-CR-391
Criminal. Affirms 253-year aggregate sentence imposed for various convictions committed against five child victims, including 12 counts of Class A felony child molesting.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Terrence J. Fuqua v. State of Indiana
02A03-1207-CR-342
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class B felony unlawful possession of a firearm by a serious violent felon, Class D felonies possession of a controlled substance and dealing in marijuana, and Class A misdemeanor possession of paraphernalia. The investigating detectives had reasonable suspicion to search Fuqua’s trash, and the subsequent search warrant was supported by probable cause. The trial court acted within its discretion when it admitted evidence seized during the execution of the search warrant.
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
The Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
The Indiana Senate approved several pieces of legislation from the House this week, including a bill that would establish sentencing alternatives for certain offenders under the age of 18.
A letter containing the names of the five finalists vying to succeed St. Joseph Superior Judge Michael P. Scopelitis has been delivered to Gov. Mike Pence. Scopelitis will retire in June. The list was tweaked after finalist Elizabeth Hurley was appointed to fill another pending vacancy on the court.
Concerns over sentencing provisions and pleas for adequate funding dominated the Senate hearing on legislation overhauling the state’s criminal code.
Indiana and other states against same-sex marriage appeared to make a strong impression on the U.S. Supreme Court justices Tuesday, Indiana Solicitor General Thomas Fisher said after watching arguments in Washington.
A public spat between the Legislature and governor’s office over tax cuts has become an overarching issue, but Indiana Speaker of the House Brian Bosma said the state should be focusing on job creation.
Indiana Court of Appeals
Victor C. Regalado v. The Estate of Joseph James Regalado, and Paula Heffelfinger (NFP)
64A03-1207-ES-322
Estate. Affirms trial court grant of motion to correct error on the basis of newly discovered evidence regarding DNA of a purported heir, remanding the matter to the trial court for further proceedings with regard to Paula Heffelfinger’s heirship.
Michael Miller v. State of Indiana (NFP)
34A04-1208-PC-405
Post conviction. Affirms denial of post-conviction relief from an aggregate sentence of 120 years in prison for conviction of three counts of Class A child molesting.
Donnie Messer v. State of Indiana (NFP)
44A03-1206-CR-303
Criminal. Affirms revocation of probation and order to serve 10 years in the Department of Correction for a conviction of Class B felony manufacturing methamphetamine.