Opinions Nov. 18, 2020

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Indiana Court of Appeals
McGraw Property Solutions, LLC v. Jason Jenkins 
20A-PL-00630
Civil plenary. Affirms the Boone Superior Court’s summary judgment in favor of Jason Jenkins against McGraw Property Solutions, concluding that Jenkins timely cancelled a storm repair contract within three days of acceptance.

In the Matter of the Termination of the Parent-Child Relationship, Ki.H., K.H., and Kr.H. (Minor Children) v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)
20A-JT-263
Juvenile termination. Affirms the termination of K.D.H.’s parental rights to his children, Ki.H., K.H., and Kr.H. Finds that clear and convincing evidence supports the Marion Superior Court’s determination that termination is in the children’s best interests.

W.M. v. H.T. (mem. dec.)
20A-AD-403
Adoption. Affirms the granted petition for adoption of J.K.N.M., Z.L.L.M., and M.J.R.M. by H.T. Holds that father W.M.’s consent was not necessary for Washington Circuit Court to grant adoptive mother’s adoption petition, and determines that the adoption is in the children’s best interests.

In the Matter of the Marriage: Menashi Cohen v. Fran Cohen (mem. dec.)
19A-DR-2192
Domestic relation. Affirms in part, vacates in part the Clinton Circuit Court’s dissolution decree dissolving Menashi Cohen’s marriage to Fran Cohen. Remands to the trial court and directs it to determine to what degree, if any, that payments Fran Cohen made for the California residence during the pendency of the dissolution came from funds from Deal Zone and to the extent, if any, those funds were not marital assets. Declines to grant relief to Fran Cohen on the issue of the trial court’s attorney fee award because she invited the error. Judge Tavitas concurs in part and dissents in part.

Jacob McIntosh v. State of Indiana (mem. dec.)
19A-CR-2456
Criminal. Affirms Jacob McIntosh’s murder conviction. Finds the Marion Superior Court did not commit fundamental error in instructing the jury.

Dennis D. Nelms v. State of Indiana (mem. dec.)
20A-CR-911
Criminal. Affirms Dennis Nelms’ four-year sentence with two years executed in the Department of Correction and two years suspended to probation for his conviction of Level 5 felony battery by means of a deadly weapon and a concurrent time-served sentence for his Level 6 felony possession of methamphetamine. Finds that the Morgan Superior Court did not abuse its discretion by failing to find undue hardship as a mitigating circumstance.

Lloyd Owen May, III v. State of Indiana (mem. dec.)
20A-CR-1170
Criminal. Affirms Lloyd May III’s 4½-year sentence imposed in Bartholomew Superior Court for conviction of Level 5 felony intimidation. Finds May’s sentence is not inappropriate.

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