Opinions Sept. 19, 2023

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Court of Appeals of Indiana
Charles Force v. New China Hy Buffet LLC
22A-CT-2759
Civil tort. Reverses the St. Joseph Superior Court’s grant of summary judgment in favor of New China Hy Buffet. Finds Charles Force’s designated evidence establishes a genuine dispute of material fact on the question of causation. Remands for further proceedings.

Morgan S. Mayer v. Jeffrey L. Mayer (mem. dec.)
23A-DC-301
Domestic relations with children. Affirms an order granting sole legal and physical custody of Morgan Mayer’s children to Jeffrey Mayer. Finds Morgan waived her appeal that she was denied due process in the DeKalk Superior Court. Also finds the judgment is not clearly erroneous.

Jonah Samuel Henderson v. State of Indiana (mem. dec.)
22A-CR-2298
Criminal. Affirms Jonah Henderson’s convictions of Level 1 attempted murder and Level 5 criminal recklessness and sentence to consecutive terms of 32 years and four years, with four years suspended to probation. Finds the Johnson Circuit Court did not err in admitting into evidence Henderson’s statements to police, and there was no fundamental error based on the trial court’s conflict of interest. Also finds sufficient evidence supports Henderson’s convictions, and those convictions do not violate double jeopardy. Finally, finds Henderson’s right to be present when the trial court entered its written judgment of conviction was not violated, the trial court did not abuse its discretion when sentencing him and his sentences do not warrant 7(B) revision.

In the Matter of: M.H. (Minor Child), A Child in Need of Services and C.H. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JC-613
Juvenile CHINS. Affirms the adjudication of M.H. as a child in need of services. Finds the Vanderburgh Superior Court did not err in adopting DCS’s proposed findings and conclusions. Also finds father C.H. failed to demonstrate error or harm in the trial court’s decision to not place the child in his care during the CHINS proceedings. Finally, finds the trial court’s findings in support of the CHINS adjudication are supported by the record.

In re: the Paternity of J.H. Jordan Taylor v. Kyle C. Hopper (mem. dec.)
23A-JP-781
Juvenile paternity. Affirms the suspension of mother Jordan Taylor’s in-person visitation with J.H. Finds the Miami Circuit Court’s decision is supported by the evidence.

In the Involuntary Termination of the Parent-Child Relationship of M.F. (Minor Child) and A.F. (Father) v. Indiana Department of Child Services (mem. dec.)
23A-JT-385
Juvenile termination of parental rights. Affirms the termination of father A.F.’s parental rights. Finds the challenged Madison Circuit Court finding is not clearly erroneous. Also finds the record suggests a reasonable probability that A.F. will not remedy the conditions that led to child M.F.’s removal. Finally, finds the trial court’s decision that termination of parental rights is in the child’s best interests is not clearly erroneous.

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