Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowCourt of Appeals of Indiana
Scott Geels and Erica Leitch v. Desiree Morrow and Sean Riley
21A-MI-960
Miscellaneous. Grants Scott Geels and Erica Leitch’s petition for rehearing to correct the mislabeling of their underlying proceedings brought against Desiree Morrow and Sean Riley. Finds that the appellate review standards for guardianship cases and de facto custodian cases are used interchangeably by the Court of Appeals of Indiana and the Indiana Supreme Court. Therefore finds the trial court’s determination that Morrow’s child’s best interests were served by remaining in the custody of her mother prohibits a ruling in the appellants’ favor, regardless of whether the proceeding was for guardianship or custody as de facto custodians. Affirms the appellate court’s prior decision in all other respects.
John Russell Pryor v. State of Indiana (mem. dec.)
21A-CR-625
Criminal. Dismisses John Pryor’s appeal of his convictions of Level 5 felony burglary, Level 6 felony theft and Class B misdemeanor unauthorized entry of a motor vehicle. Finds Pryor’s notice of appeal is untimely and that he failed to follow the requirements for filing a belated notice of appeal under Indiana Post-Conviction Rule 2.
Mikell J. Gary v. State of Indiana (mem. dec.)
21A-CR-2104
Criminal. Affirms Mikell Gary’s conviction of Level 3 felony armed robbery and his adjudication as a habitual offender. Finds sufficient evidence to support his conviction. Finds the trial court did not abuse its discretion when it admitted State’s Exhibit 102.
A.L. v. State of Indiana (mem. dec.)
21A-JV-2158
Juvenile. Affirms the St. Joseph Probate Court’s dispositional order awarding wardship of A.L. to the Department of Correction. Holds that the juvenile court did not abuse its discretion when it ordered that A.L. be committed to the DOC.
In the Marriage of: Ashley D. (Ramey) Day-Ping v. Charles T. Ramey, III (mem. dec.)
21A-DR-2353
Domestic relations. Affirms the Johnson Circuit Court’s award of sole legal and primary physical custody from Ashley Day-Ping (mother) to Charles T. Ramey, III (father) of their child, as well as $9,000 in attorney’s fees on remand. Finds the trial court did not abuse its discretion in awarding sole legal and primary physical custody of Child to Father or in issuing the attorney’s fees award.
Roger Storey v. State of Indiana (mem. dec.)
21A-CR-2431
Criminal. Affirms the DeKalb Superior Court’s imposition of a three-year sentence enhanced by an executed term of four years in the Indiana Department of Correction for Roger Storey after he was terminated from a drug court program. Finds the sentence is not inappropriate in light of the nature of the offense and Storey’s character.
In the Matter of the Termination of the Parent-Child Relationship of J.H. (Child); J.P. (Father) and E.H. (Mother) v. Indiana Department of Child Services (mem. dec.)
21A-JT-2637
Juvenile termination. Affirms the termination of J.P. and E.H.’s parental rights to their minor child, J.H. Finds the Indiana Department of Child Services has shown by clear and convincing evidence that there is a reasonable probability that the conditions that resulted in the child’s removal or the reasons for placement outside of the parents’ home will not be remedied and that termination is in the best interests of the child.
Please enable JavaScript to view this content.