Opinions July 30, 2020

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Indiana Court of Appeals
Michael Scott Parker v. State of Indiana
20A-CR-315
Criminal. Affirms Michael Parker’s conviction for Level 3 felony dealing in methamphetamine and Class C misdemeanor operating a motor vehicle without ever receiving a license. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting certain Facebook messages.

Jason L. Hill v. Jessica L. Cox, and Vigo County Child Support Office
19A-DR-02701
Domestic relations. Reverses the Vigo Superior Court’s rulings on child support arrearages owed by Jason Hill to Jessica L. Cox after Hill qualified for Social Security disability benefits and received a lump-sum back payment and monthly benefits.  Remands for the trial court to determine when in 2018 daughter incurred medical debts for hip surgeries, whether the overpayment should be applied to the hip surgery debts or qualify as a gift from father to daughter, and issue a new order accordingly.

Monster Trash, Inc. v. Owen County Council, et al.
20A-PL-00918
Civil plenary. Reverses in favor of Monster Trash, Inc. against the Owen County Board of Zoning Appeals, the Owen County Council, and the Owen County Commissioners. Finds the Morgan Circuit Court erred in its entry of judgment to the county and remands with instructions to, within 30 days of the certification of the decision, order the BZA to issue a document to the Indiana Department of Environmental management and/or Monster Trash confirming that zoning requirements are not required for the location of a solid waste transfer station on the Property.

Gentry H. Jackson v. State of Indiana (mem. dec.)
19A-PC-1249
Post conviction. Affirms the denial of Gentry Jackson’s petition for post conviction relief. Finds the Lake Superior Court did not clearly err in concluding that Jackson was not denied effective assistance of trial counsel. Finds trial counsel’s failure to depose various witnesses did not constitute deficient performance, nor did counsel’s failure to introduce certified copies of the victim’s criminal record.

In the Matter of: Pa.J. and Pi.J. (Children in Need of Services), M.J. (Mother) v. Indiana Department of Child Services (mem. dec.)
20A-JC-280
Juvenile CHINS. Affirms the Dearborn Circuit Court’s order determining that Pa.J. and Pi.J. are children in need of services. Finds sufficient evidence and that the trial court’s judgment is not clearly erroneous.

In re the Matter of V.R. (Minor Child), R.C. (Mother) v. Indiana Department of Child Serivces (mem. dec.)
20A-JC-450
Juvenile CHINS. Affirms the adjudication of R.C.’s minor child as a child in need of services. Finds the Orange Circuit Court’s error in admitting a doctor’s telephonic testimony was harmless. Finds the Department of Child Services proved by a preponderance of the evidence that the child, V.R., is a CHINS.

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