Opinions Nov. 17, 2023

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Court of Appeals of Indiana
In Re: The Adoption of P.J.W. James D. DeClerck and Marilyn J. DeClerck v. Ronald J. Walters
23A-AD-1254
Adoption. Affirms the Montgomery Superior Court’s denial of James and Marily DeClerck’s petition to adopt P.J.W. Finds the trial court did not abuse its discretion when it found that adoption is not in the child’s best interests. Judge Terry Crone dissents with separate opinion.

Brian L. Weber v. State of Indiana (mem. dec.)
23A-CR-1286
Criminal. Affirms Brian L. Weber’s nine-year sentence for Level 3 felony burglary. Finds the trial court did not abuse its discretion in declining to recommend to the Department of Correction that Weber be placed in the Purposeful Incarceration program. Also finds Weber has not proven that his sentence is inappropriate.

Brandon W.M. McCormick v. State of Indiana (mem. dec.)
23A-CR-265
Criminal. Affirms Brandon McCormick’s conviction of felony murder. Finds the state presented ample evidence to sustain the conviction.

In the Matter of: E.M. and R.M. (Minor Children), and L.M. (Grandfather) v. Indiana Department of Child Services (mem. dec.)
23A-JC-1121
Juvenile CHINS. Affirms the Hendricks Superior Court’s denial of grandfather L.M.’s request to participate in the child-in-need-of-services proceedings involving his adult son’s minor children. Finds the trial court did not abuse its discretion when it denied L.M.’s request.

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