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Indiana Court of Appeals
Edward Koziski v. State of Indiana
20A-CR-1889
Criminal. Affirms and reverses in part Edward Koziski’s convictions of two counts of Level 1 felony child molesting and one count each of Level 5 felony criminal confinement and Level 5 felony kidnapping. Finds the test in Wadle v. State, 151 N.E.3d 227 (Ind. 2020) applies. Also finds that under Wadle, Koziski’s Level 1 felony convictions do not violate double jeopardy. Finally, finds Koziski’s Level 5 felony convictions do violate double jeopardy under Wadle, because confinement is an included offense of kidnapping. Remands with instructions to vacate Koziski’s conviction and sentence for Level 5 felony criminal confinement.

Indiana Court of Appeals
In Re: the Adoption of K.T.; J.J. and C.T. v. G.C. and C.B.
20A-AD-2102
Adoption. Affirms the order finding that mother C.T. and father J.J.’s consent to the adoption of their minor child, K.T., was not necessary. Finds the Fulton Circuit Court did not err as a matter of law when it considered whether C.T. and J.J.’s consents to the adoption were required despite an ongoing CHINS proceeding with K.T. Also finds the record supports the trial court’s findings that J.J.’s consent to the adoption is not required, and the court’s findings support its judgment dispensing with J.J.’s consent.

Indiana Court of Appeals
Sandra A. King and Danielle D. Benge v. Dan Dejanovic and Alice Dejanovic
20A-PL-2366
Civil plenary. Affirms the order for Sandra A. King and Danielle D. Benge to remove or reduce the size of their pole barn within 90 days. Finds that even though there are other violations of the covenants in the subdivision, they are on the “other” side of the subdivision and “not practically within sigh” of the property owned by Dan and Alice Dejanovic. Also finds the Dejanovics’ failure to object to the other violations does not deprive them of the right to enforce the covenant for a violation right next door that directly interferes with the use and enjoyment of their property.