Opinions November 20, 2024

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Indiana Court of Appeals
In Re: the Matter of K.W., A Child Alleged to Be a Delinquent Child, C.A. (Mother) v. State of Indiana
23A-JV-2040
Juvenile. Reverses the Lawrence Circuit Court’s juvenile problem-solving court’s order placing C.A. on house arrest and ordering her to spend time in jail. Finds the statutes defining problem-solving courts do not give the JPSC the authority to deprive the mother of her liberty without following statutory process for holding her in indirect contempt of court. Also finds that while the mother could have waived her right to due process prior to deprivation of her liberty, the record before us does not demonstrate she knowingly waived her rights. Judge Nathan Nikirk, and Juvenile Referee Anah Gouty presided in the case. Attorney for appellant: Daniel Dixon. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Megan Smith.

In re the Paternity of H.F.D.S. Alyshia Kalis v. Patrick Deliget Simmons
24A-JP-1868
Juvenile paternity. Affirms Lake Superior Court Special Judge Shawn Olsen’s preliminary injunction preventing Alyshia Kalis from enrolling her child in Griffith Schools. Finds Patrick Simmons has proved that “the threatened harm to [Child’s] mental health outweighed the potential harm the injunction requested would pose to Mother[.]” Also finds that the father has established a reasonable likelihood of success on the merits. Senior Judge Terry Crone dissents with separate opinion. Attorneys for appellant: George Galanos, Joseph Ichiro Miyake. Attorney for appellee: Benjamen Murphy.

Kiandre Dominick Owens v. State of Indiana
24A-CR-900
Criminal. Affirms Monroe Circuit Court Judge Darcie Fawcett’s finding Kiandre Owens guilty of attempted murder. Finds the trial court did not err by admitting the challenged DNA evidence, and sufficient evidence supports Owens’ conviction. Attorneys for appellant: Peyton Balasko, Kyle Dugger. Attorneys for appellee: Attorney General Todd Rokita, Deputy Attorney General Samuel Drayton.

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