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Thursday, March 28, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)

For publication opinions today (1):

In In the Matter of the Involuntary Termination of the Parent-Child Relationship of G.P., and J.A. v. The Indiana Department of Child Services , an 11-page opinion, Chief Judge Robb writes:

J.A. (“Mother”) appeals the termination of her parental rights. She presents two restated issues on appeal: 1) whether she was denied due process when the trial court failed to appoint her an attorney for the underlying Child in Need of Services (“CHINS”) proceeding; and 2) whether sufficient evidence supported the termination of her parental rights. Concluding that her due process rights were not violated, and that there was sufficient evidence to support the termination, we affirm. * * *

While we are disappointed that the trial court did not follow through with appointment after determining that appointment was appropriate, any error in that failure appears to be harmless and we cannot say that it changed the balance of risk of error in the termination proceedings. * * *

Concluding that Mother was not denied her due process rights when the trial court failed to appoint her counsel in the CHINS case, and that sufficient evidence supports the termination of her parental rights, we affirm.

NFP civil opinions today (4):

Ricky Outlaw v. Indiana Dept. of Corrections, Keith Butts, Rick Talley, Bruce Lemon, and Alan Finnan (NFP)

Term. of the Parent-Child Rel. of D.K. (Minor Child) and B.K. (Mother) and D.B.K. (Father) v. The Indiana Dept. of Child Services (NFP)

Howard Osborne and Kimberly Easterday v. Tina R. Berger and Carla Hill, co-personal representatives of the Estate of Elbert H. Osborne, deceased (NFP)

J.W. v. Review Board of the Indiana Dept. of Workforce Development and DeGood Dimensional Concepts, Inc. (NFP)

NFP criminal opinions today (7):

Jami M. Martin v. State of Indiana (NFP)

Jamarcus Cain v. State of Indiana (NFP)

Daymon Holbert v. State of Indiana (NFP)

William Baxter v. State of Indiana (NFP)

Steven Reynolds v. State of Indiana (NFP)

Tyrone Bell v. State of Indiana (NFP)

William J. Caudill v. State of Indiana (NFP)

Posted by Marcia Oddi on March 28, 2013 10:34 AM
Posted to Ind. App.Ct. Decisions