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Tuesday, November 18, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 8 NFP)

For publication opinions today (1):

In In the Matter of the Termination of the Parent-Child Relationship of E.P. III and E.P. Jr. (Father) v. Indiana Dept. of Child Services, a 13-page opinion, Chief Judge Vaidik writes:

E.P. Jr. (“Father”) pled guilty to Class B felony child molesting and Class B felony neglect of a dependent in 2013. S.H., the victim, is the half-sibling of E.P. III (“E.P.”), Father’s son. Father was sentenced to twenty years in the Department of Correction; he is scheduled to be released in 2029. Shortly after pleading guilty, Father’s parental rights to E.P. were terminated. Father now appeals, arguing that the termination order should be reversed because the same judge, the Honorable James D. Humphrey, presided over his termination and criminal cases in violation of Indiana Code section 31-32-8-2. He also contends that there is insufficient evidence to support the termination order.

We conclude that Father’s claim regarding Judge Humphrey implicates procedural error, and because he failed to object at any time to Judge Humphrey presiding over both the termination and criminal matters, he has waived any claim of error in that context. We also conclude that there is sufficient evidence to support the trial court’s order terminating Father’s parental rights. We therefore affirm.

NFP civil opinions today (2):

Michelle R. Ruggio v. Review Board of the Indiana Department of Workforce Development, et. al. (NFP)

K.M. v. D.S. (NFP)

NFP criminal opinions today (6):

Jason E. Jackson v. State of Indiana (NFP)

Jack E. Primmer v. State of Indiana (NFP)

Charles Tinsley v. State of Indiana (NFP)

Montez Belmar v. State of Indiana (NFP)

Kenneth W. Gibbs v. State of Indiana (NFP)

Benjamin S. McMillen v. State of Indiana (NFP)

Posted by Marcia Oddi on November 18, 2014 10:50 AM
Posted to Ind. App.Ct. Decisions