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
Tum Uk v. State of Indiana (mem. dec.)
23A-CR-616
Criminal. Affirms Tum Uk’s conviction for Level 1 felony child molesting. Finds no fundamental error. Also finds sufficient evidence supports Uk’s conviction.
In the Termination of the Parent-Child Relationship of: Ka.W. and Ko.W. (Minor Children) and B.E. (Father) and M.W. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1933
Juvenile termination of parental rights. Affirms the St. Joseph Probate Court’s termination of the parental rights of mother M.W. and father B.E. to Ka. W. and Ko. W. Finds the juvenile court’s decision is not clearly erroneous.
In re: the Termination of the Parent-Child Relationship of: Add. G., All. G., Cr. G., and Cu. G. (Minor Children) and D.G., II (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-2055
Juvenile termination of parental rights. Affirms the Dubois Circuit Court’s denial of father D.G. II’s motion to correct errors. Finds D.G. II waived his argument regarding the admissibility of multiple Department of Child Services exhibits because he did not make a cogent argument and did not support his argument with citations to relevant precedent. Also finds D.G. II has not demonstrated that the trial court abused its discretion when it admitted the testimony. Finally, finds he waived his challenge to certain trial court findings and conclusions because he failed to make a cogent argument.
John Anderson and Brigette Rosco v. Terry R. Holder, as Personal Representative of the Estate of Arthur G. Holder (mem. dec.)
23A-EV-2096
Evictions. Affirms the Lake Circuit Court’s entry of summary judgment in favor of Terry R. Holder, as personal representative of the estate of Arthur G. Holder. Finds the trial court did not err in entering summary judgment in favor of the estate.
In re: the Estate of Loretta Louise Rector, Timothy Rector v. Kathy Lynch, Personal Representative of the Estate of Loretta Louise Rector (mem. dec.)
23A-ES-2168
Estate, supervised. Affirms and reverses in part the Jasper Superior Court’s order for Loretta Louise Rector’s residence to be sold and for costs associated with an autopsy and certain attorney fees to be paid by her estate. Finds the trial court did not abuse its discretion in ordering that Loretta’s residence be sold but did err in not allowing her heirs the opportunity to purchase the residence before it was made available for purchase by a member of the public. Also finds the trial court abused its discretion in ordering that the costs associated with the autopsy be paid by the estate. Finally, finds the trial court did not abuse its discretion in ordering the estate to pay the challenged attorney fees. Remands with instructions to give Ronald Rector a right of first refusal to purchase the residence, which he must exercise within a reasonable time frame as determined by the trial court.
Lakesha Mitchell v. State of Indiana (mem. dec.)
23A-CR-1449
Criminal. Affirms Lakesha Mitchell’s conviction of Level 4 felony possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not abuse its discretion in declining to remove shackles from Mitchell’s legs at her jury trial or in denying her request for a mistrial. Also finds the prospective jurors were properly instructed on the elements of constructive possession, and even if there had been error, the trial court did not abuse its discretion in regulating the form and substance of voir dire. Finally, finds the trial court did not abuse its discretion in the admission of evidence.
Please enable JavaScript to view this content.