Opinions April 5, 2022

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Court of Appeals of Indiana
In the Matter of the Termination of the Parent-Child Relationship of T.S., Father, M.B.H., Mother, and A.S., Minor Child, M.B.H. v. Indiana Department of Child Services (mem. dec.)
21A-JT-1832
Juvenile termination of parental rights. Affirms the termination of mother M.B.H.’s parental rights to A.S. Finds clear and convincing evidence supported the juvenile court’s conclusions that there was a reasonable probability the conditions that led to A.S.’s removal and continued placement outside M.B.H.’s care will not be remedied, and that continuation of the parent-child relationship posed a threat to A.S.’s well-being.

Michael T. Owens v. State of Indiana (mem. dec.)
21A-CR-1943
Criminal. Affirms Michael T. Owens’ conviction for Level 4 felony possession of a firearm by a serious violent felon. Finds the evidence is sufficient to support the conviction.

In the Matter of A.J. and J.J., Children in Need of Services, C.J. and C.L.J. v. Indiana Department of Child Services (mem. dec.)
21A-JC-1971
Juvenile CHINS. Affirms the adjudication of mother C.J. and father C.L.J.’s two children, J.J. and A.J., as children in need of services. Finds the juvenile court did not err.

Joshua Royal Stults v. State of Indiana (mem. dec.)
21A-CR-2062
Criminal. Affirms Joshua Royal Stults’ drug-related convictions and his sentence to an aggregate of one year in the Indiana Department of Correction. Finds the state presented sufficient evidence to prove Stults possessed a narcotic drug, marijuana and paraphernalia, and the jury could have reasonably concluded the state’s evidence was sufficient to show Stults possessed syringes with the intent to commit a controlled substance offense. Also finds Stults has not shown that his sentence is inappropriate in light of the nature of the offenses and his character.

Kyle B. Conn v. State of Indiana (mem. dec.)
21A-CR-2129
Criminal. Affirms Kyle Conn’s conviction for nonsupport of a dependent as a Level 6 felony. Finds the evidence was sufficient to support Conn’s conviction.

R.P. v. State of Indiana (mem. dec.)
21A-JV-2131
Juvenile. Affirms the order awarding wardship of R.P. to the Indiana Department of Correction. Finds the juvenile court did not abuse its discretion.

In re the Termination of the Parent-Child Relationship of: Z.H. (Minor Child) and J.H. (Father), J.H. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2250
Juvenile termination of parental rights. Affirms the termination of father J.H.’s parental rights to his son. Finds the evidence supports the Montgomery Superior Court’s conclusions that there is a reasonable probability the conditions resulting in child Z.H.’s removal or the reasons for placement outside the home will not be remedied, and that termination is in the best interests of Z.H.

In the Matter of the Termination of the Parent-Child Relationship of J.S., Sr., Father, and J.S., Jr., Minor Child, J.S., Sr. v. Indiana Department of Child Services (mem. dec.)
21A-JT-2292
Juvenile termination of parental rights. Affirms the termination of father J.S. Sr.’s parental rights to J.S. Jr. Finds clear and convincing evidence supported the Tippecanoe Superior Court’s conclusions that there is a reasonable probability the conditions that led to J.S. Jr.’s removal and continued placement outside J.S. Sr.’s care will not be remedied, and that termination is in J.S. Jr.’s best interest.

Christopher C. Voegel v. State of Indiana (mem. dec.)
21A-CR-2381
Criminal. Affirms Christopher C. Voegel’s sentence to concurrent terms of 16 years, with 10 years executed either in the Indiana Department of Correction or Elkhart County Community Corrections and six years suspended on probation, for his convictions of two counts of Level 3 felony neglect of a dependent. Finds the Elkhart Superior Court did not abuse its discretion when it found two aggravators and considered them when it sentenced Voegel.

B.M. v. State of Indiana (mem. dec.)
21A-JS-2476
Juvenile status. Affirms the adjudication of B.M. as a delinquent for truancy. Finds the evidence was sufficient to support the juvenile court’s determination of B.M.’s delinquency beyond a reasonable doubt.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.P. and B.P. (Minor Children), and B.T. (Father) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2492
Juvenile termination of parental rights. Affirms the involuntary termination of father B.T.’s parental rights to his minor children, A.P. and B.P. Finds the evidence supports the Monroe Circuit Court’s conclusion that there is a reasonable probability that the conditions that led to the children’s removal and continued placement outside B.T.’s care will not be remedied.

Daniel Lee Megenhardt v. State of Indiana (mem. dec.)
21A-CR-2515
Criminal. Affirms the revocation of Daniel Lee Megenhardt’s probation and the order that he serve his previously suspended sentences on work release. Finds the Vigo Superior Court did not abuse its discretion when it sentenced Megenhardt.

Jason M. Gonzalez v. State of Indiana (mem. dec.)
21A-CR-2668
Criminal. Affirms Jason M. Gonzalez’s conviction of Class A misdemeanor possession of marijuana. Finds the evidence most favorable to the verdict shows Gonzalez intended to exert dominion and control over the marijuana, so the evidence was sufficient to support his conviction.

Bonnie Katherine Joslin v. State of Indiana (mem. dec.)
21A-CR-1356
Criminal. Affirms Bonnie Katherine Joslin’s aggregate sentence to 65 years for her convictions of murder, Level 6 felony auto theft, Level 6 felony identity deception and Class B misdemeanor false informing. Finds the Madison Circuit Court did not abuse its discretion when it did not find Joslin’s childhood trauma, mental illness and substance abuse to be mitigating circumstances. Also finds Joslin’s sentence is not inappropriate based on the nature of her offenses

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