Opinions Jan. 17, 2024

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Court of Appeals of Indiana
In re the Adoption of A.J.T.: F.G. v. D.K. and W.K. (mem. dec.)
23A-AD-1902
Adoption. Affirms the St. Joseph Probate Court’s grant of D.K. and W.K.’s petition to adopt A.J.T. Finds the probate court did not abuse its discretion in dispensing with father F.G.’s consent requirement.

David Christian Cotto v. State of Indiana (mem. dec.)
23A-CR-252
Criminal. Affirms David Christian Cotto’s convictions of murder and being a habitual offender. Finds Cotto has failed to establish that he was prejudiced by the Lake Superior Court’s decision to join his and Felicia Nelson’s cases for trial. Also finds the trial court did not abuse its discretion in the admission of evidence.

John M. Thompson v. State of Indiana (mem. dec.)
23A-CR-786
Criminal. Affirms John M. Thompson’s convictions of Level 1 felony attempted rape and Level 3 felony criminal confinement while armed with a deadly weapon. Finds the Madison Circuit Court did not abuse its discretion in denying the motion to withdraw the plea of guilty or in accepting the plea based upon the provided factual basis. Also finds the Sentencing Order and Abstract of Judgment reflect a conviction for Level 1 felony rape rather than attempted rape. Remands for the limited purpose of correcting the record regarding the attempt.

Reonte Moore v. State of Indiana (mem. dec.)
23A-CR-596
Criminal. Affirms Reonte Moore’s aggregate sentence of 60 years following his guilty plea for Level 1 felony attempted murder, enhanced for the use of a firearm. Finds Moore has not shown that his sentence is inappropriate in light of the nature of the offense and his character. Also finds the Wells Circuit Court did not abuse its discretion in its determinations of mitigating factors and in sentencing as a whole.

Zachary W. Callantine v. State of Indiana (mem. dec.)
23A-PC-859
Post-conviction relief. Affirms the Allen Superior Court’s denial of Zachary Callantine’s motion for summary disposition and petition for post-conviction relief. Finds Callantine failed to show that there is a reasonable probability that a motion to dismiss on selective prosecution grounds would have been granted, so there was no err in the denial of his motion for summary disposition and petition for relief.

In re the Termination of the Parent-Child Relationship of Bra.G. and Bry.G. (Minor Children) and C.G. (Mother) v. Indiana Department of Child Services (mem. dec.)
23A-JT-1813
Juvenile termination of parental rights. Affirms the termination of mother C.G.’s parental rights to her two minor children. Finds the Wayne Superior Court did not err in considering evidence of C.G.’s conduct before the denial of the initial termination petition. Also finds the trial court did not err in terminating C.G.’s parental rights.

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