Attempted murderer may adopt under statute

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Under Indiana statute for adoption, attempted murder isn't listed as a conviction that would prohibit a court from granting the adoption, but aggravated battery is. Because a man was ultimately only convicted and sentenced for his attempted murder charge and the trial court didn't enter a conviction against him for aggravated battery, his adoption of his nephew should be allowed to proceed, ruled the Indiana Court of Appeals.

In the case In Re the Matter of the adoption of J.L.S., a minor child,  No. 45A03-0811-CV-572, J.L.S.'s maternal uncle, W.S., filed a petition to adopt his nephew in Lake County. His niece made arrangements for her uncle and his wife to adopt her baby and terminated her and the baby's father's parental rights.

The trial court learned of the uncle's 1996 conviction of attempted murder in Illinois and allowed the proceedings to continue. A home study recommended the court allow W.S. to adopt his nephew, saying W.S. appeared to better his life after leaving prison, is a family man now and is bonded with the child.

The referee in Lake County requested W.S.'s records from Illinois because she wanted to see what he was charged with in case a conviction precluded him from adopting in Indiana. The referee also appointed a guardian ad litem for the child, who believed the child should be placed with his uncle and, if the statute prohibited W.S. from adopting, his due process rights would be violated.

The Illinois records showed a jury convicted W.S. of attempted murder and aggravated battery, but the trial court only entered a conviction and sentence on attempted murder. The referee denied the adoption based on the jury conviction of the aggravated battery, since someone convicted of that is prohibited from adopting in Indiana under Indiana Code Section 31-19-11-1(c). She then encouraged the uncle to appeal in the hopes the Court of Appeals would agree with the GAL and allow the adoption to go forward.

The appellate court did allow the adoption to proceed and reversed the referee's decision. I.C. Section 31-19-11-1(c) makes clear that if a petitioner has been convicted of one of the felonies listed, the court is prohibited from granting the adoption. The Court of Appeals examined W.S.'s criminal history and because the records show there were no judgments of conviction entered against the uncle except for attempted murder and he was only sentenced for that charge, he was only "convicted" of attempted murder, despite the jury convicting him of aggravated battery.

"Although Indiana Code § 31-19-11-1(c) lists several felonies that prohibit a court from granting an adoption, attempted murder is not one of them," wrote Judge Nancy Vaidik. "While this appears to be an oversight by our legislature in light of the fact that felony battery and aggravated battery are listed, it is not the role of the judiciary to rewrite a statute."

The appellate court reversed and remanded to determine whether adoption is still in the best interests of the child and whether the prospective parents are of sufficient ability to raise him pursuant to I.C. Section 31-19-11-1(a)(1) and (2).


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.