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Monday, September 26, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 5 NFP memorandum decision(s))

For publication opinions today (2):

In Jon A. Arnold v. State of Indiana, a 21-page opinion, Judge Brown writes:

Jon A. Arnold
appeals the denial of his petition for post-conviction relief. He
raises several issues for our review, which we consolidate and restate as whether the post-conviction court erred in denying his petition for relief. We affirm.
In A.B. & T.B. v. The Indiana Department of Child Services, a 17-page opinion, Judge Altice writes:
This appeal involves the involuntary termination of parental rights with respect to two children, T.B. and R.K., who are half-siblings. Mother and Father are the parents of T.B., and R.K.’s father is deceased. Mother has been incarcerated throughout the underlying CHINS and termination proceedings. Father engaged in services for several months until his overwhelming distrust and dislike for the Indiana Department of Child Services (DCS) and service providers took over. From that point on, Father angrily rebuffed any attempts by providers to reengage him in services and ceased visiting with the children.

On appeal, Father presents a purely procedural issue. He contends that his parental rights with respect to T.B. were terminated without due process of law because the trial court terminated Father’s telephonic participation during the final hearing due to Father’s angry outbursts. Mother, on the other hand, challenges the trial court’s findings and conclusions supporting the termination. We affirm.

NFP civil decisions today (0):

NFP criminal decisions today (5):

Malena Shumaker v. State of Indiana (mem. dec.)

Steven A. Pearson v. State of Indiana (mem. dec.)

Robert Stevenson v. State of Indiana (mem. dec.)

Charles R. Ellis v. State of Indiana (mem. dec.)

Jeffrey B. Buskirk v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on September 26, 2016 11:30 AM
Posted to Ind. App.Ct. Decisions