Opinions Feb. 17, 2021

Indiana Court of Appeals
In the Matter of the Adoption of E.M.M.; C.G. and D.G. v. O.M.
Adoption. Affirms the denial of grandparents C.G. and D.G.’s petition to adopt their grandchild, E.M.M. Finds the St. Joseph Probate Court did not abuse its discretion when it found that adoption is not in E.M.M.’s best interests and denied grandparents’ adoption petition.

Ernest J. Mance v. State of Indiana
Criminal. Affirms the denial of Ernest J. Mance’s petition for modification of sentence. Finds the Lake Superior Court did not abuse its discretion when it denied Mance’s petition to modify his aggregate 120-year sentence for his convictions of two counts of murder.

Dominic Desando v. Andrew Jacobs, Jr. (mem. dec.)
Small claims. Affirms the order granting judgment in favor of Andrew Jacobs Jr. in a settlement agreement that disposed of Dominic Desando’s claims for damages. Finds the Washington Township Small Claims Court in Marion County did not err when it determined an email exchange created a conclusive and binding settlement agreement.

Megan Risedorph v. Ryan J. Risedorph (mem. dec.)
Domestic relations. Affirms the Noble Circuit Court’s grant of a petition filed by father Ryan Risedorph to modify custody of his two minor children with mother Megan Risedorph. Finds Megan has not satisfied her burden on appeal to show that she was denied the requisite notice for her counsel’s motion to withdraw, nor has she shown that she was prejudiced by the trial court’s grant of that motion. Also finds the trial court did not abuse its discretion when it granted Ryan’s petition to modify custody because the trial court’s order included the required finding of a substantial change in circumstances.

Robert Deon Kennedy v. State of Indiana (mem. dec.)
Criminal. Affirms Robert Deon Kennedy’s convictions in Marion Superior Court of Level 2 felony dealing in methamphetamine, Level 5 felony escape, Class A misdemeanor resisting law enforcement, Class B misdemeanor possession of marijuana and Class B misdemeanor false informing. Finds a patdown search of Kennedy did not violate his rights under the Fourth Amendment or under Article 1, Section 11 of the Indiana Constitution. Also finds there was sufficient evidence to support Kennedy’s conviction of dealing in methamphetamine.

Corey Killebrew v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Corey Killebrew’s probation and the imposition of his previously suspended sentence. Finds the Marion Superior Court did not abuse its discretion. Judge Patricia Riley dissents with separate opinion.

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