Court opinions

Court of Appeals of Indiana
In re the Adoption of S.K.D.T: K.P. v. L.J. and J.J. (mem. dec.)
23A-AD-65
Adoption. Affirms the Steuben Circuit Court’s conclusion that mother K.P.’s consent to the adoption of S.K.D.T. was not necessary, but reverses the entry of the adoption decree and remands for the trial court to determine whether the adoption will be in the child’s best interest, and whether guardians L.J. and J.J. have sufficient ability to rear the child and furnish suitable support and education for him. Finds the trial court did not clearly err when it concluded that K.P.’s consent to the adoption was not necessary. Also finds the trial court failed to make two required statutory findings before granting the guardians’ petition for adoption.

Court of Appeals of Indiana
Cody Moore v. State of Indiana
22A-CR-1979
Criminal. Affirms the denial of Cody Moore’s motion to suppress. Finds the Marion Superior Court did not abuse its discretion in denying Moore’s motion to suppress evidence seized as a result of a traffic stop.

Court of Appeals of Indiana
Dustin A. Lane v. State of Indiana
22A-CR-2276
Criminal. Revises Dustin Lane’s aggregate sentence from 3,000 days to 300 days and remands to the Lawrence Superior Court to enter a sentencing order consistent with the appellate opinion. Finds Lane has met his burden to demonstrate that his sentence is inappropriate in light of the nature of the offenses and his character. Judge Dana Kenworthy dissents with separate opinion.

Court of Appeals of Indiana
Robert A. Kissinger v. State of Indiana (mem. dec.)
22A-CR-2647
Criminal. Affirms Robert Kissinger’s conviction and 30-year sentence for Level 1 felony child molesting. Finds the DeKalb Circuit Court did not abuse its discretion in admitting a nurse’s report, and even if it did, the error was harmless. Also finds the evidence is sufficient to identify Kissinger as the perpetrator and to support his conviction. Finally, finds Kissinger’s advisory sentence is not an outlier.

Court of Appeals of Indiana
Jordan M. Norton v. State of Indiana
22A-CR-2314
Criminal. Dismisses Jordan Norton’s appeal of his convictions and sentence for battery by means of a deadly weapon, a Level 5 felony, and criminal recklessness, a Level 6 felony. Finds Norton was not entitled to file a belated notice of appeal. Judge Leanna Weissmann dissents with separate opinion.

Court of Appeals of Indiana
James H. Higgason III v. State of Indiana
22A-CR-2000
Criminal. Affirms James Higgason III’s three convictions of murder. Finds the Lake Superior Court did not abuse its discretion when it denied Higgason’s motion to dismiss and motion for mistrial. Also finds the trial court did not abuse its discretion when it admitted the digitized recording of the phone calls between David Copley and Higgason. Finally, finds any error in the trial court’s decision to not notify counsel when the jury asked a question about Higgason’s culpability was harmless because Higgason did not establish prejudice. and there was sufficient evidence to convict Higgason of the murders.

Court of Appeals of Indiana
Adam B. Kenny v. State of Indiana
22A-CR-2082
Criminal. Affirms Adam Kenny’s convictions of Level 2 felony dealing in methamphetamine, Level 6 felony unlawful possession of a syringe, Class C misdemeanor possession of paraphernalia, Class A misdemeanor carrying a handgun without a license and three counts of Class A misdemeanor unlawful possession of a firearm by a dangerous person. Finds the Tippecanoe Superior Court did not abuse its discretion in admitting evidence resulting from a valid traffic stop consistent with the Fourth Amendment.