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Court of Appeals of Indiana
Justin Yeary v. State of Indiana
21A-CR-1080
Criminal. Reverses Justin Yeary’s conviction of Level 1 felony dealing in a controlled substance resulting in death. Finds the drug-induced homicide statute required the state to prove the drugs sold by the defendant were both the proximate cause and the actual cause of the victim’s death and does not improperly inhibit a defendant’s ability to contest such proof. Also finds the text messages Tyler Humphrey sent in the days immediately preceding his death are relevant to the question of whether the drugs Yeary sold Humphrey caused Humphrey’s death. Finally, finds the Hamilton Superior Court’s jury instructions did not properly convey to the jury the necessity of finding Yeary’s drugs were the actual cause and proximate cause of Humphrey’s death, which resulted in reversible error. Remands for further proceedings, including the option of a retrial.

Court of Appeals of Indiana
In the Matter of the Termination of the Parent-Child Relationship of T.S., Father, M.B.H., Mother, and A.S., Minor Child, M.B.H. v. Indiana Department of Child Services (mem. dec.)
21A-JT-1832
Juvenile termination of parental rights. Affirms the termination of mother M.B.H.’s parental rights to A.S. Finds clear and convincing evidence supported the juvenile court’s conclusions that there was a reasonable probability the conditions that led to A.S.’s removal and continued placement outside M.B.H.’s care will not be remedied, and that continuation of the parent-child relationship posed a threat to A.S.’s well-being.