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Justices take juvenile sex offender case

February 19, 2013

The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.

The state alleged that N.L. was a delinquent child for committing what would be Class C felony child molesting if committed by an adult. He convinced a 9-year-old boy to perform a sex act on him. N.L. later admitted to committing what would be Class D felony sexual battery if committed by an adult.

The probation department recommended that N.L. be required to register as a sex offender, even though his treatment facility thought the risk of reoffending had been lowered through treatment. The court ordered N.L. to register.

The Indiana Court of Appeals affirmed in a not-for-publication decision from November 2012. The judges concluded sufficient evidence supported the requirement, even though N.L. has made progress in addressing his sexual problems.

The justices declined to take 16 other cases including David Daniel Johnson, Jr., By Next Friend, Indiana Department of Child Services v. The Marion County Coroner's Office and City of Indianapolis, 48A02-1111-CT-1070. In that case, the Court of Appeals held that a claim for damages for intentional infliction of emotional distress against the coroner and city brought an Indianapolis teenager who saw his deceased mother’s remains being dragged out of their apartment on a mattress because she was extremely obese should proceed before the trial court.

 

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