Opinions July 23, 2020

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Indiana Court of Appeals
Jessica M. Skeens v. State of Indiana
19A-CR-02475
Criminal. Affirms Jessica Skeens’ 41-year sentence for conviction of Level 1 felony neglect of a dependent resulting in death, three counts of Level 6 felony neglect of a dependent, and Class B misdemeanor marijuana possession. Finds, among other things, no abuse of discretion in the Delaware Superior Court’s instruction to the jury on causation. Finds Skeens’ sentence is not inappropriate in light of the nature of the offenses and her character.

Virginia Madden v. Robert Phelps
19A-JP-2630
Juvenile. Affirms the award of physical custody of the minor child to Robert Phelps (father) and the finding by the Henry Circuit Court that Virginia Madden (mother) was in contempt and its order that she pay $3,645.50 in parenting coordinator fees. Reverses the order granting legal custody to the father, finding the issue was not properly before the trial court. Also, finds the award of $1,000 in attorneys fees to the father was clearly erroneous. Judge Elizabeth Tavitas writes a concurring opinion, warning of the “slippery slope” created when the parenting time coordinator began advocating for the father.

Chad Malone v. State of Indiana (mem. dec.)
19A-PC-2207
Post conviction. Affirms the denial in Wayne Circuit Court of Chad Malone’s petition for post conviction relief. Finds Malone’s trial counsel was not ineffective on several grounds, among other things.

Lawrence W. Williams v. State of Indiana (mem. dec.)
20A-CR-10
Criminal. Affirms Lawrence Williams’ conviction of Level 4 felony child molesting. Finds the Lake Superior Court did not abuse its discretion by prohibiting Williams from asking an officer about part of an interview.

Anthony Dwayne Jones v. State of Indiana (mem. dec.)
19A-CR-2526
Criminal. Affirms Anthony Jones’ conviction of Level 1 felony attempted rape, Level 2 felony robbery resulting in serious bodily injury, Level 5 felony criminal confinement and Class B misdemeanor battery. Finds Jones failed to demonstrate fundamental error regarding the jury instructions in Marion Superior Court.

In the Matter of A.W.: E.Y. v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
20A-JC-21
Juvenile CHINS. Affirms the adjudication of E.Y.’s minor child, A.W., as a child in need of services. Finds the child was properly adjudicated as a CHINS.

In the Matter of the Termination of the Parent-Child Relationship of N.B. (Minor Child); G.B. (Father) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
19A-JT-2945
Juvenile termination. Affirms the termination of G.B.’s parental rights over his minor child, N.B. Finds father cannot show that the Marion Superior Court erred when it concluded that termination of his rights was in child’s best interests.

In the Matter of K.S., Jr., and G.V., (Minor Children), Children in Need of Services, and T.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
20A-JC-159
Juvenile CHINS. Reverses the adjudication of T.S.’s children, K.S. Jr. and G.V. as children in need of services. Finds the Spencer Circuit Court’s findings are unsupported by the evidence and, thus, are clearly erroneous.

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