Opinions May 12, 2021

Indiana Court of Appeals
Br.S. v. J.N.S.
Adoption. Reverses the Delaware Circuit Court’s ruling that although mother J.N.S. did not communicate with her children when she was able to do so, her lack of communication was justified. Finds J.N.S. did not have justifiable cause for not communicating with the children, so her consent to their adoption by their stepmother is unnecessary. Remands for the trial court to determine whether adoption is in the best interests of the children.

Towne & Terrace v. City of Indianapolis
Ordinance violation. Affirms the order to compel Towne & Terrace Corp.’s payment of one-half of the receiver costs in its protracted litigation against the city of Indianapolis. Finds Towne & Terrace’s claim is barred by res judicata.

Leon O. Mehling v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Leon Mehling’s probation after he was arrested for a new criminal offense. Finds the evidence established by a preponderance of the evidence that Mehling committed a new offense on Sept. 2, 2020, so the Dubois Superior Court did not abuse its discretion when it determined he violated his probation and revoked his suspended sentence.

Jordan Donta Wilson v. State of Indiana (mem. dec.)
Criminal. Affirms Jordan Donta Wilson’s convictions of murder and attempted murder. Finds the Marion Superior Court did not abuse its discretion in denying Wilson’s motion for a mistrial. Also finds Wilson’s convictions are supported by sufficient evidence.

Jeffrey Wayne Moore v. State of Indiana (mem. dec.)
Criminal. Affirms Jeffrey Moore’s conviction for carrying a handgun in a vehicle without a license as a Class A misdemeanor. Finds the fundamental error doctrine is inapplicable, defeating his claim that evidence of the gun was improperly admitted at trial. Also finds sufficient evidence that the gun was designed to expel a projectile by means of an explosion.

In the Matter of the Termination of the Parent-Child Relationship of J.B. (minor child) and A.S. and L.J.B. (parents), A.S. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of mother A.S.’s parental rights to minor child J.B. Finds the Indiana Department of Child Services presented sufficient evidence to support the Jay Circuit Court’s order terminating A.S.’s parental rights.

William Reiske v. State of Indiana (mem. dec.)
Post-conviction. Affirms the denial of William Reiske’s petition for post-conviction relief. Finds Reiske was not denied the effective assistance of trial counsel.

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