Opinions June 18, 2021

Opinions June 18, 2021

Indiana Court of Appeals

A.C. James, Jr. v. State of Indiana (mem. dec.)
19A-PC-2311
Post-conviction. Affirms the denial of A.C. James Jr.’s petition for post-conviction relief. Finds the errors he alleged do not amount to ineffective assistance of counsel.

Marq Hall v. State of Indiana (mem. dec.)
19A-PC-2919
Post-conviction. Affirms the denial of Marq Hall’s petition for post-conviction relief. Finds Hall has not demonstrated that the post-conviction court abused its discretion in its decision to quash subpoenas. Also finds that Hall has not established the ineffectiveness of trial or appellate counsel.

In Re the Matter of the Adoption of Z.H. (Minor Child) D.H. and A.H. v. S.G. (mem. dec.)
20A-AD-1973
Adoption. Affirms the denial of D.H. and A.H.’s (maternal grandparents) petition to adopt their newborn granddaughter. Finds father S.G.’s lack of contact with and support of the child did not negate the need for his consent to the adoption.

Barry Keith Spiker v. State of Indiana (mem. dec.)
20A-CR-2221
Criminal. Affirms Barry Keith Spiker’s five-year sentence for his conviction of Level 6 felony escape and being a habitual offender. Finds Spiker waived his claim of an abuse of sentencing discretion. Also finds the record does not disclose compelling evidence that would support revising the sentence under Appellate Rule 7(B).

In the Matter of the Adoption of: M.M.J. and E.L.S. (Minor Children), and R.S. (Mother) v. M.D.J. and C.D.J. (Adoptive Parents) (mem. dec.)
21A-AD-43
Adoption. Affirms the determination that biological mother R.S.’s consent is not required for the adoptions of her biological children, M.M.J. and E.S., by adoptive father C.D.J., who is the biological father of M.M.J., and adoptive mother, M.D.J. Finds that the Marshall Superior Court did not clearly err in determining that biological mother’s consent was not required for the adoptions.

David Len Pace v. State of Indiana (mem. dec.)
21A-CR-94
Criminal. Affirms David Len Pace’s conviction of Level 4 felony burglary. Finds sufficient evidence to support the conviction.

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