Opinions July 22, 2019

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Indiana Court of Appeals

Velia Ann Burton v. State of Indiana (mem. dec.)
18A-CR-2962
Criminal. Affirms Velia Burton’s 19-year sentence for conviction of Level 2 felony dealing in methamphetamine, Level 4 felony methamphetamine possession and Level 6 felony maintaining a common nuisance. Finds the sentence is not inappropriate in light of Burton’s offense and her character.

In the Matter of H.R., Minor Child Alleged to be a Child in Need of Services; C.R. (Father) v. Indiana Department of Child Services (mem. dec.)
19A-JC-144
Juvenile CHINS. Affirms the Henry Circuit Court’s adjudication of father C.R.’s minor child H.R. as a child in needs of services. Also affirms the trial court’s termination of C.R.’s visitation with the child. Finds the Indiana Department of Child Services presented sufficient evidence to support the trial court’s adjudication of H.R. Also finds the trial court did not violate C.R.’s due process rights when it terminated his visitation with H.R.

In the Matter of S.M. and N.M. (Children in Need of Services): S.M. (Mother) v. The Indiana Department of Child Services (mem. dec.)
19A-JC-262
Juvenile CHINS. Reverses the Marion Superior Court’s adjudications and findings that N.M. and S.J.M. are children in need of services. Finds no evidence of recent domestic violence between the children’s mother, S.M., and S.J.M.’s father, S.G., and no evidence that the parents engaged in violence near or affecting the children. Also finds the trial court clearly erred in adjudicating the children.

Michael Hamer v. State of Indiana (mem. dec.)
18A-CR-1016
Criminal. Affirms the Decatur Superior Court’s revocation of Michael Hamer’s probation and order that he serve half of his previously suspended sentence in the Decatur County Jail. Finds the trial court did not abuse its discretion in imposing the sanction for his previous violation.

Daryl Gilbert v. State of Indiana (mem. dec.)
18A-PC-2697
Post-conviction. Affirms the Marion Superior Court’s denial of Daryl Gilbert’s petition for post-conviction relief. Finds Gilbert failed to demonstrate that he was denied the effective assistance of trial counsel. Also finds the trial court properly denied the petition for post-conviction relief.

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