Opinions Oct. 24, 2023

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Court of Appeals of Indiana
In Re: The Termination of the Parent-Child Relationship of C.C. and De.C. (Minor Children); D.C. (Mother) v. The Indiana Department of Child Services, and Kids’ Voice of Indiana
23A-JT-848
Juvenile termination of parental rights. Reverses the Marion Superior Court’s orders terminating D.C.’s parental relationships with her children. Finds the orders terminating the mother’s parental rights were void for lack of personal jurisdiction because the Indiana Department of Child Services did not properly serve the mother. Remands for further proceedings.

Reginald Dillard v. State of Indiana
23A-PC-261
Post-conviction relief. Affirms the denial of Reginald Dillard’s motion for a change of judge. Finds the facts on which Dillard based his motion do not support a rational inference of bias or prejudice against Dillard as contemplated by Post-Conviction Rule 1(4)(b). Also finds the Elkhart Superior Court did not clearly err in denying Dillard’s motion for a change of judge.

Ethan Coots v. State of Indiana (mem. dec.)
23A-CR-630
Criminal. Affirms Ethan Coots’ convictions in the Jefferson Circuit Court of dealing in methamphetamine as a Level 2 felony, possession of a controlled substance or controlled substance analog as a Class A misdemeanor and possession of methamphetamine as a Level 6 felony. Finds Coots waived his argument that the Jefferson Circuit Court erred in denying his motion to suppress.

In the Matter of: J.M. and M.N. (Minor Children), Children in Need of Services, and S.L.L (Mother) v. Indiana Department of Children Services (mem. dec.)
23A-JC-706
Juvenile CHINS. Affirms the adjudication of mother S.L.’s children as children in need of services. Finds the Madison Circuit Court did not abuse its discretion by denying the mother’s request for home visit and drug screen at factfinding hearing. Also finds the findings are sufficient to support the CHINS determinations. Finally, finds the dispositional orders are not contrary to law.

Richard E. Simmons v. State of Indiana (mem. dec.)
22A-PC-2854
Post-conviction relief. Affirms the denial of Eric Simmons’ petition for post-conviction relief. Finds Simmons has failed to demonstrate that he received ineffective assistance of trial or appellate counsel.

Lucy L. Handfield, and Charles V. Petrunak v. Brandy Rollins (mem. dec.)
22A-SC-2991
Small claims. Affirms the Madison Circuit Court’s order awarding damages to Lucy Handfield. Finds Handfield waived her arguments regarding the removal of Charles Petrunak, the denial of a continuance, change of venue, Indiana Appellate Rule 16(B), Indiana Trial Rule 53.1, discovery requirements, perjury and punitive damages; Handfield and Petrunak waived their claim that the judge was biased; and waiver notwithstanding, the judge was not biased. Also finds the trial court did not make a predetermined decision to remove Geico, nor was the dismissal of Geico error. Finally, finds Handfield and Petrunak failed to show that Brandy Rollins litigated the action in bad faith or that the court erred in not awarding attorney fees.

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