Opinions Dec. 23, 2019

Indiana Court of Appeals
Antonio Buford v. State of Indiana
19A-CR-956
Criminal. Vacates the Marion Superior Court’s contempt finding against Antonio Buford on double jeopardy concerns but affirms his 2 ½ – year sentence in community corrections for his conviction of domestic battery. Finds no abuse of the trial court’s discretion in its sentencing of Buford.

In the Matter of the Termination of the Parent-Child Relationship, S.K., Minor Child, T.K., Father v. Indiana Department of Child Services
19A-JT-1797
Juvenile termination of parental rights. Affirms the involuntary termination of T.K.’s parental rights to his child, S.K. Finds T.K. has not demonstrated that S.K. is an Indian child as defined by the Indian Child Welfare Act or that the ICWA applies.

In the Termination of the Parent-Child Relationship of: T.T., M.T., S.T., D.T. (Minor Children) and T.T. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
19A-JT-1616
Juvenile termination of parental rights. Affirms the involuntary termination of father T.T.’s parental rights to his minor children, T.T., M.T., S.T. and D.T. Finds the Department of Child Services presented ample evidence to establish by clear and convincing evidence that there is a reasonable probability that the conditions resulting in the children’s removal or continued placement outside the home will not be remedied by T.T. Also finds sufficient evidence that termination is in the best interests of the children. Finally, finds DCS’ adoption plan is a satisfactory plan for the care and treatment of the children.

Archie Lee Parker v. State of Indiana (mem. dec.)
19A-CR-1658
Criminal. Affirms Archie Parker’s aggregate enhanced 20-year sentence for his conviction of Level 3 felony aggravated battery and his admission to being a habitual offender. Finds the sentence is not inappropriate.

In the Matter of the Adoption of K.H.; T.H. v. J.W. (mem. dec.)
19A-AD-1637
Adoption. Affirms the Vanderburgh Superior Court’s order granting stepfather J.W.’s petition for adoption of T.H.’s minor child, K.H. Finds the trial court did not clearly err when it concluded that T.H.’s consent to J.W.’s adoption of K.H. was not required.

In the Matter of the Termination of the Parent-Child Relationship of T.A.B., Jr., Z.B., C.L., and D.S.L. (Children) and A.L. (Mother); et al. v. The Indiana Department of Child Services (mem. dec.)
19A-JT-1419
Juvenile termination of parental right. Affirms the involuntary termination of mother A.L.’s parental rights to T.A.B. Jr., Z.B., C.L., and D.S.L. Finds the Tippecanoe Superior Court’s findings support its conclusions that the conditions under which the children were removed from A.L.’s care would not be remedied and that termination of A.L.’s parental rights was in the children’s best interests.

Michael Mansfield v. Micah Mansfield (mem. dec.)
18A-DR-2983
Domestic relation. Affirms and reverses in part the dissolution decree of the marriage of Michael and Micah Mansfield. Finds Michael has not established any reversible error concerning the Allen Superior Court’s custody and parenting time. Also finds the value the trial court assigned to the Mansfield LLC is not supported by the evidence. Finally, finds Michael’s January 2016 bonus should not have been included in the marital estate. Remands to the trial court with instructions to recalculate Michael’s retroactive child support obligation, to recalculate the value of Michael’s interest in Mansfield LLC and to exclude his 2016 bonus from the marital estate.

Jay Ellis v. State of Indiana (mem. dec.)
19A-CR-1641
Criminal. Affirms the revocation of Jay Ellis’s probation. Finds the record demonstrates that the Clay Circuit Court made Ellis aware of the nature, extent and importance of the right to counsel as well as the necessary consequences of waiving that right before Ellis made clear to the court that he wished to proceed without counsel. Also finds Ellis has not met his burden on appeal to demonstrate fundamental error when the trial court’s held an ex parte hearing without a representative for the state, or when the court acted as an “advocate” against Ellis.

Johnny Jones v. State of Indiana (mem. dec.)
19A-CR-1190
Criminal. Affirms Johnny Jones’ conviction for felony murder and Class A felony rape. Finds the Marion Superior Court did not abuse its discretion when it admitted evidence that Jones’ DNA had been found on swabs taken from the victim during an autopsy.