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Jay R. Thompson v. Frank Vanihel
20-2571
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. Judge James R. Sweeney II.
Civil. Affirms the dismissal of Jay Thompson’s petition for writ of habeas corpus alleging ineffective assistance of counsel. Finds counsel’s alleged legal errors did not prejudice Thompson.
Indiana Court of Appeals
Christian Jamar Triblet v. State of Indiana
20A-CR-1686
Criminal. Affirms the Marion Superior Court’s denial of Christian Jamar Triblet’s motion to suppress evidence. Finds a police officer was justified in determining that Triblet presented a threat to the officer and thus had “reasonable suspicion” to conduct a search under the U.S. and Indiana constitutions. The search turned up a firearm, and Triblet was charged with unlawful possession of a firearm by a violent felon.
In Re: The Paternity of K.C.; Kayley Boonstra v. Daniel Corcoran
20A-JP-1592
Juvenile paternity.
Affirms the denial of mother Kayley Boonstra’s second petition to relocate to Virginia, the modification of custody of 5-year-old K.C. in favor of Daniel Corcoran, the order for Boonstra to pay $5,406 of Corcoran’s attorney fees, the finding that Boonstra was in contempt and the order for her to pay $123 per week in child support. Finds Cass Circuit Court not clearly err when it denied Boonstra’s second petition and ordered her to pay $123 a week in child support. Also finds the trial court did not abuse its discretion when it modified custody of K.C., found Boonstra in contempt and ordered her to pay Corcoran’s attorney fees.
Robert C. Swettenam v. State of Indiana (mem. dec.)
20A-CR-2281
Criminal. Affirms Robert C. Swettenam’s conviction of domestic battery resulting in serious bodily injury as a Level 5 felony and a determination that he is a habitual offender. Finds the Knox Superior Court did not err in determining Swettenam knowingly, voluntarily and intelligently waived his right to counsel.
In re the Matter of C.W. (Minor Child), E.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JC-2359
Juvenile CHINS. Reverses the finding that mother E.W.’s child C.W. was a child in need of services. Finds the Marion Superior Court erred when it found C.W. to be a CHINS. Remands for further proceedings.
J.D. v. State of Indiana (mem. dec.)
20A-JV-2381
Juvenile. Affirms the award of wardship of J.D. to the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion.
State of Indiana v. Zackery M. Rogers (mem. dec.)
21A-JP-50
Juvenile paternity. Reverses the grant of father Zackery Rogers’ request to erase the child support arrearage he accrued during his approximately two years of incarceration. Finds Indiana law bars retroactive modifications of support arrearages. Remands to the Washington Circuit Court to assess Rogers’ child support arrearage to include his period of incarceration.
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