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In the Termination of the Parent-Child Relationship of: R.S. and N.S., and M.Y. (Mother) and T.S. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1192
Juvenile termination of parental rights. Affirms the Clark Circuit Court’s termination of mother M.Y. and father T.S.’s parental rights to R.S. and N.S. Finds neither M.Y. nor T.S. have shown that the trial court committed clear error in terminating their parental rights to the child or at any point during the TPR proceedings. Also finds neither demonstrated a due process violation.
In the Matter of L.O., M.O., and R.O., Children in Need of Services, and B.O. (Mother) and S.O. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JC-1388
Juvenile CHINS. Affirms the Spencer Circuit Court’s judgment that L.O., M.O. and R.O. are children in need of services. Finds the judgment is supported by evidence and findings and is not clearly erroneous.
Ping Ye v. Richard Pickens (mem. dec.)
23A-DN-698
Domestic relations, no children. Affirms the Lake Circuit Court’s division of marital assets between Ping Ye and Richard Pickens. Finds the trial court did not abuse its discretion in its division of marital assets.
Melissa Sue Rachels v. State of Indiana (mem. dec.)
23A-CR-1591
Criminal. Affirms Melissa Sue Rachels’s conviction and two-year sentence for invasion of privacy as a Level 6 felony. Finds the evidence is sufficient. Also finds her sentence is not erroneous.
Terry’s Discount Windows & More, LLC v. Timothy Clancy (mem. dec.)
23A-PL-1438
Civil plenary. Affirms and reverses in part the denial of Terry’s Discount Windows & More LLC’s motion for attorney fees, prejudgment interest and post-judgment interest. Finds Terry’s is entitled to attorney fees for its breach-of-contract claim but not its abuse-of-process claim. Also finds Terry’s is entitled to prejudgment interest on its breach-of-contract claim. Finally, finds Terry’s is entitled to post-judgment interest on the entire judgment. Remands.
In the Matter of L.K. (Minor Child), Child in Need of Services H.G. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JC-1249
Juvenile CHINS. Reverses the child in need of services determination. Finds the Department of Child Services presented no evidence that mother H.G. was ever impaired by any substance while caring for L.K. or failed to meet the child’s needs.
Joseph Jarboe v. Greg Moore, JM Newburgh, LLC, Smoke ‘M Jarbs, LLC, Sandra Shackleford Moore, and Spring Creek Subdivision, LLC, Thompson Homes, Inc. (mem. dec.)
23A-CC-1960
Civil collections. Affirms the judge that Joseph Jarboe failed to meet his burden of proving that Greg Moore breached his fiduciary duty to Jarboe. Finds Jarboe’s argument is simply a request to reweigh the evidence and reassess the credibility of witnesses.
Christopher Bradley Covey v. State of Indiana (mem. dec.)
23A-CR-2268
Criminal. Affirms Christopher Bradley Covey’s conviction of Level 6 felony battery. Finds Covey cannot demonstrate reversible error in the Hamilton Superior Court’s decision to not permit Dawn to testify as to why Kaden had left the scene. Also finds the state presented sufficient evidence to support Covey’s conviction.
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