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Indiana Court of Appeals Court Cases
Rutherford v. State (2007)
Michael Rutherford appeals his convictions and six-year sentence for one count of Class C felony attempted battery with a deadly weapon and one count of Class D felony criminal recklessness. We affirm in part, reverse in part, and remand.
Court: Indiana Court of Appeals Docket: 49A04-0608-CR-462
In Re LS (1999)
Daniel S., a/k/a Danielle S., biological father, appeals from an order terminating her parent-child relationship with three of her minor children, L.S., D.S., and A.S. The issue on appeal is whether the State failed to present clear and convincing evidence of the reasonable probability that the conditions that led to the children's removal would not be remedied.
Court: Indiana Court of Appeals Docket: 57A03-9812-JV-504
Anna Peterson ("Mother") appeals the trial court's termination of her parental rights to her minor son, D.D. Mother raises five issues, which we consolidate and restate as whether the trial court's order terminating Mother's parental rights to D.D. is clearly erroneous. We affirm.
Court: Indiana Court of Appeals Docket: 49A02-0306-JV-461
In 1988, McBride married Gordon Scott Feaster, and three children were born during their marriage, C.F., K.F., and J.F. ("Feaster children"). McBride and Feaster divorced in 1991, and McBride was granted custody of the Feaster children. The following year, McBride married William McBride ("William"). McBride gave birth to Z.M. in 1993 and S.M. in 1994. In late 1994, McBride and William moved to Georgia with the Feaster children, Z.M., and S.M.
Court: Indiana Court of Appeals Docket: 53A05-0212-JV-629
In Re KS (2001)
Appellant-Respondent Connie Schultz ("Mother") appeals the decision of the trial court terminating her parental rights with regard to K.S., age fourteen, D.S., age thirteen, B.G., age ten, and J.K., age four, upon petition by the Porter County Office of Family and Children ("OFC"). Mother presents for review the sole issue of whether there is sufficient evidence to support the termination of her parental rights.
Court: Indiana Court of Appeals Docket: 64A03-0012-JV-429
Matter of MB (1996)
The facts most favorable to the termination follow. M.B. was born to Sheryl Swisher Manus and Bailey on May 19, 1991. On January 22, 1992, Bailey was convicted of theft and burglary. He was sentenced on February 20, 1992, to a total of thirteen years imprisonment. P.B. was born to Manus and Bailey on September 28, 1992.
Court: Indiana Court of Appeals Docket: 79A05-9509-JV-348
King v. State (2008)David King appeals his six-year sentence to be served in the Department of Correction for Class B felony dealing in cocaine. Specifically, he contends that his sentence is inappropriate because it does not contain a mental health component. Because King's inappropriate sentence analysis contains references to the abuse of discretion standard, we take this opportunity to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately. Concluding that [...]
Court: Indiana Court of Appeals Docket: 49A02-0802-CR-162
In Re JT (2001)
On July 3, 1995, J.T. was born to Timm. Mark Tawney's paternity of J.T. was later established. After receiving complaints about possible neglect, the Office of Family and Children (OFC) became involved with the family. At the time, Timm was living in a condemned house that had no running water or electricity. J.T. was adjudged to be a child in need of services and was placed in foster care.
Court: Indiana Court of Appeals Docket: 46A03-0007-JV-244
Stewart v. State (2007)
Jovan Stewart appeals his convictions and six-year sentence for one count of Class C felony attempted battery, one count of Class D felony criminal recklessness, one count of Class A misdemeanor possession of a handgun without a license, and one count of Class A misdemeanor dangerous possession of a firearm by a child. We affirm in part, reverse in part, and remand.
Court: Indiana Court of Appeals Docket: 4904-0608-CR-465
Williams v. State (2008)
Gary L. Williams, Jr. appeals his convictions and sentence on two counts of Dealing in Cocaine, as Class A felonies; one count of Possession of Cocaine, as a Class A felony; two counts of Possession of Cocaine, as Class C felonies; and one count of Possession of Marijuana, as a Class D felony. Williams raises eight issues for our review, which we restate as follows:
Court: Indiana Court of Appeals Docket: 39A04-0708-CR-481
1. Whether the trial court's order of termination should be reversed because Appellee-Petitioner, Clay County Division of Family and Children (CCDFC), failed to comply with statutory requirements in the Child in Need of Services (CHINS) proceeding, thereby violating Hancock's due process rights in the involuntary termination proceeding; and
Court: Indiana Court of Appeals Docket: 11A05-0401-JV-23
Af v. McOfc (2002)
Michael Faver ("Father") appeals the trial court's order terminating his parental rights to his now fifteen-year old daughter A.F. and eleven-year old son M.F. Father argues that the findings of fact utilized by the trial court were deficient and cannot support the trial court's termination of Father's parental rights, thereby mandating another trial.
Court: Indiana Court of Appeals Docket: 49A02-0106-JV-418
Appellant-respondent Pamela Eden argues that the trial court erroneously terminated the parental relationship of Eden and her three minor children, Kay.L., Kar. L., and S.G. Specifically, Eden argues that the petition to terminate her parental rights was invalid and that there is insufficient evidence supporting the termination. Finding no error, we affirm the judgment of the trial court.
Court: Indiana Court of Appeals Docket: 41A01-0610-JV-450
In Re AI (2005)On April 3, 2002, the Vanderburgh County Office of Family and Children ("OFC") received a referral alleging A.I. was in danger of being molested by Alan based on a claim by another one of his daughters who did not live with the parties. The case was assigned to Susan Wilke in the OFC, who identified the problems in the household as substance abuse, domestic violence, and basic parenting and safety issues. Wilke put into place a plan pursuant to which Alan was to leave the home and A.I. would [...]
Court: Indiana Court of Appeals Docket: 82A01-0404-JV-184
Steven Lang appeals from the trial court's order involuntarily terminating his parent-child relationship with his three daughters. On appeal, he raises four issues, which we consolidate and restate as: (1) whether clear and convincing evidence supports the trial court's order terminating Lang's parental rights; (2) whether Lang was denied effective assistance of counsel; and (3) whether the involuntary termination violated Lang's due process rights. We affirm, concluding that clear and [...]
Court: Indiana Court of Appeals Docket: 75A03-0607-JV-287
Douglas Castro appeals the trial court's order terminating his parental rights to his daughter, T.P. Specifically, Castro argues that there is insufficient evidence to support the trial court's decision and that he was denied due process of law during the CHINS/termination proceeding. Castro also contends that Indiana's entire CHINS/termination scheme is unconstitutional in that it deprives all parents of due process of law. Finding that the trial court's decision to terminate Castro's parental [...]
Court: Indiana Court of Appeals Docket: 53A01-0507-JV-00308
Roush v. State (2007)
On January 23, 2005, [Bobbie] Rowe drove an ATV towing a sled in which three children were riding: Rowe's daughter, Charity Minix, and two minor girls, C.C. and J.C. Rowe initially drove the children around her backyard, but then she drove out onto an adjacent roadway to travel to a friend's house. Rowe knew it was illegal to operate an ATV on the roadway. It was dark outside, so Rowe illuminated the headlight on the ATV.
Court: Indiana Court of Appeals Docket: 75A03-0701-CR-44
Baumgartner v. State (2008)
Samuel M. Baumgartner, Jr. ("Baumgartner") was convicted in Monroe Circuit Court of Class D felony performing sexual conduct in the presence of a minor. Baumgartner appeals and presents three issues, which we restate as:
Court: Indiana Court of Appeals Docket: 53A05-0708-CR-463
In Re JS (2009)
Father and Mother raise four issues on appeal, which we consolidate and restate as the following single issue: Whether there is sufficient evidence to support the trial court's order to terminate the parents' parental rights.
Court: Indiana Court of Appeals Docket: 84A01-0811-JV-548
Thacker v. Wentzel (2003)
Appellant-plaintiff Jerry Thacker appeals from the trial court's order granting summary judgment in favor of appellees-defendants Margaret Wentzel and Jack Wentzel, Jr. (collectively, "the Wentzels"). The Wentzels appeal from the trial court's order denying their petition for attorney fees and further request an award of appellate attorney fees. We affirm and remand.
Court: Indiana Court of Appeals Docket: 82A01-0307-CV-238