Opinions Feb. 19, 2018

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Indiana Court of Appeals

In the Matter of E.Y., Child in Need of Services, and U.F. (Mother) v. Indiana Department of Child Services
49A02-1707-JC-1634
Juvenile CHINS. Reverses the adjudication of U.F.’s son, E.Y., as a child in need of services. Finds the Marion Superior Court clearly erred when it found E.Y. to be a CHINS. Judge Michael Barnes dissents with separate opinion.

Sharon Thurman and Jeremiah Thurman v. Two Star Inc. (mem. dec.)
49A05-1703-PL-557
Civil plenary. Affirms the grant of prejudgment possession of certain rental real estate owned by Two Star, Inc. Finds the Marion Superior Court did not err in granting Two Star’s motion for prejudgment possession of the real estate.

Kyle Stacy v. State of Indiana (mem. dec.)
34A02-1710-CR-2479
Criminal. Affirms Kyle Stacy’s sentence to five years, with two years executed and 1,095 days on supervised probation, for his conviction of operating a motor vehicle after forfeiture of license for life as a Level 5 felony. Finds Stacy’s sentence is not inappropriate considering his character. Remands to correct a scrivener’s error in the sentencing order to list the duration of Stacy’s supervised probation as 1,095 days, not 1,095 months.

Chad A. George v. State of Indiana (mem. dec.)
39A01-1709-CR-2131
Criminal. Affirms Chad A. George’s sentence to an aggregate of 14 years for his convictions of burglary as a Level 3 felony, criminal confinement as a Level 6 felony and domestic battery as a Class B misdemeanor. Finds George did not sustain his burden of establishing his aggregate sentence is inappropriate considering the nature of the offense and his character.

In the Matter of the Termination of the Parent-Child Relationship of T.C., Father, and C.A.C., Minor Child, T.C. v. Indiana Department of Child Services (mem. dec.)
69A01-1708-JT-2010
Juvenile termination of parental rights. Affirms the termination of T.C.’s parental rights to his minor child, C.A.C. Finds the juvenile court’s termination order was not clearly erroneous.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.F. (Minor Child), M.F. (Father) v. Indiana Department of Child Services (mem. dec.)
48A02-1708-JT-1899
Juvenile termination of parental rights. Affirms the termination of M.F.’s parental rights over his minor child, A.F. Finds M.F. did not demonstrate the evidence is insufficient to support the Madison Circuit Court’s findings, or that the findings are insufficient to support the termination of his parental rights. Also finds the totality of the evidence supports the trial court’s conclusion that termination of M.F.’s parental rights were in A.F.’s best interest.

Theodore Brown v. State of Indiana (mem. dec.)
02A03-1709-CR-2147
Criminal. Affirms the revocation of Theodore Brown’s probation. Finds the court as a finder of fact could reasonably conclude by a preponderance of the evidence that Brown violated his probation when he did not comply with the explicit treatment conditions outline in a March 2017 “Zero Tolerance Agreement.”

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