Opinions Oct. 28, 2020

Indiana Court of Appeals
Matthew S. Reed v. State of Indiana (mem. dec.)
20A-CR-354
Criminal. Affirms Matthew Reed’s convictions for 10 counts of Level 1 felony child molesting. Finds the Whitley Circuit Court properly admitted Detective Lorrie Freiburger’s testimony and the photograph of the anal lubricant. Also finds the evidence was sufficient to sustain Reed’s convictions in Counts VI through X.

In Re the Termination of the Parent-Child Relationship of D.W. (Minor Child) and A.H. (Mother) and D.W. (Father) v. Indiana Department of Child Services (mem. dec.)
20A-JT-875
Juvenile termination of parental rights. Affirms the termination of mother A.H. and father D.W.’s parental rights to their minor son, Do.W. Finds father has not shown that the Jefferson Circuit Court erred in determining that termination was in child’s best interests, or that there is a reasonable probability that the circumstances giving rise to child’s removal will not be remedied “within a reasonable amount of time, if ever.” Also finds that the trial court did not abuse its discretion in admitting evidence of mother’s drug test results under Ind. Evidence Rule 803(b). Finally, finds that, waiver notwithstanding, the trial court did not err in denying the parents’ oral motion to dismiss the termination petition.

J.W. v. T.M. and C.M. (mem. dec.)
20A-AD-1011
Adoption. Affirms the determination that father J.W.’s consent was not required as prerequisite to the adoption of his son A.W. by the child’s maternal grandparents. Finds no error in the Huntington Circuit Court’s conclusion that father’s consent to adoption was not required.

Barbara Kauffman v. Teresa K. Kelly (mem. dec.)
20A-PL-45
Civil plenary. Reverses the Miami Superior Court’s grant of Teresa Kelley’s claim for immediate possession seeking to eject Barbara Kauffman from living on property that Kelley inherited. Finds that the record establishes the existence of an oral agreement between Kauffman and Childers granting Kauffman the right to live on the property for the rest of her life and that the trial court erred in determining as a matter of law that a fully performed oral agreement was barred by the statute of frauds.

Jessica Reed v. The Commissioner of the Indiana Bureau of Motor Vehicles and The Marion County Prosecutor (mem. dec.)
20A-MI-684
Miscellaneous. Affirms the denial of Jessica Reed’s motion to correct error after the Marion Circuit Court revoked her specialized driving privileges. Finds no abuse of the trial court’s discretion and that Freed waived her due process claim.

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