Juvenile Case

Trial court abused discretion in ordering indigent juvenile to pay restitution

January 17, 2017
Olivia Covington
The Marion Superior Court erred when it ordered a juvenile delinquent to pay restitution to his theft victim after the court noted in its dispositional order that the juvenile offender was unable to pay, the Indiana Court of Appeals found Tuesday.
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Delinquency affirmed as COA tosses timeliness appeal

January 13, 2017
Dave Stafford
The Indiana Court of Appeals Friday rejected an argument that a juvenile delinquency case should have been dismissed because a fact-finding hearing wasn’t conducted within 60 days of the delinquency petition.
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COA upholds constitutionality of CHINS reunification exception

January 12, 2017
Dave Stafford
A statute providing exceptions to the requirement that the Department of Child Services make reasonable efforts to preserve and reunify families involved in CHINS cases survived a constitutional challenge Thursday.
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Delinquency adjudication upheld for student who planned a school shooting

December 22, 2016
Olivia Covington
A Jackson County teenager who plotted a school shooting with a classmate will retain his delinquency adjudication after the Indiana Court of Appeals found Thursday that the trial court did not abuse its discretion in admitting Facebook conversations detailing the shooting plans.
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Judiciary addressing rising number of CHINS cases around state

November 21, 2016
Olivia Covington
A sharp increase in the number of case filings involving children in need of services comes as the number of juvenile delinquencies across Indiana is decreasing, which Indiana Supreme Court Chief Justice Loretta Rush attributes to the state court system’s focus on increasing resources to juvenile courts and assigning appropriate punishments to juvenile offenders.
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Supreme Court gives new chance to 5 Arizona inmates

October 31, 2016
 Associated Press
The U.S. Supreme Court is ordering Arizona judges to reconsider life sentences with no chance of parole for five inmates who were convicted of murder for crimes they committed before they turned 18.
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COA allows juvenile expungement despite pending charge

October 19, 2016
Olivia Covington
The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.
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COA affirms officer’s stop of teen involved in mall ruckus

August 24, 2016
Jennifer Nelson
A police officer had reasonable suspicion to stop and search a teen at an Indianapolis mall on Black Friday last year whom was believed to be involved in a shouting match with another group of people in a department store, the Indiana Court of Appeals affirmed.
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E-filed documents may tell more than attorneys intend

August 10, 2016
Dave Stafford
Court officials are recommending lawyers be cautious when submitting e-filed documents, because those submissions may carry metadata revealing more than an attorney might intend.
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Task force recommends expungement filings go online

August 1, 2016
Dave Stafford
A panel advising the Indiana Supreme Court on which trial court records should go online has recommended that petitions seeking to expunge criminal records eventually be posted on the state court’s website for public case information.
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COA: Parents’ actions do not support CHINS findings

July 28, 2016
Jennifer Nelson
The Indiana Court of Appeals Thursday reversed the findings that four sisters are children in need of services, noting none of their parents’ actions or inactions endangered the children.
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Court rules detention of youth who reported drug justified

July 26, 2016
Marilyn Odendahl
A probation officer who arrested and detained a middle school student for violating court policy has quasi-judicial immunity against charges of negligence and constitutional violations.
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Most Indiana youths convicted of murder get adult sentence

July 25, 2016
 Associated Press
Indiana Department of Correction data shows the vast majority of youths found guilty of murder in the state are sentenced as adults.
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COA: Court cannot order juvenile to pay restitution as a civil judgment

May 27, 2016
Scott Roberts
The Indiana Court of Appeals ruled a trial court may not order a juvenile to pay restitution as a civil judgment after a minor was ordered to pay restitution in two cases where he violated his probation.
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COA: Mother’s rights not violated by reasonable efforts order

May 19, 2016
Scott Roberts
The Indiana Court of Appeals ruled an order that reasonable efforts to reunify a mother and her daughter were not necessary did not violate her rights under the Americans with Disabilities Act or the Rehabilitation Act and affirmed judgment of the trial court.
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E-filing extends to confidential cases

May 3, 2016
IL Staff
Indiana courts announced that parties may now file electronically in confidential case types including adoption, child in need of services, termination of parental rights, and juvenile cases. The change took effect Monday.
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Southwestern Indiana county's tactic targets youth gun cases

May 2, 2016
 Associated Press
Juvenile court officials in one southwestern Indiana county are overhauling their probation services to address a rapidly growing number of gun-related crimes among youths.
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Report: Indiana saw sharp increase in homicides under age 20

February 15, 2016
 Associated Press
Indiana saw a sharp increase in homicides among children and teenagers in 2013, and homicide was the leading cause of death for blacks ages 15 to 24, according to a report released Monday by a group that tracks such statistics.
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Court OKs bulk confidential juvenile data transfer to ICJI

February 5, 2016
Dave Stafford
Confidential data in criminal and juvenile delinquency cases around the state will be provided in bulk to the Indiana Criminal Justice Institute under an order issued Thursday by the Indiana Supreme Court.
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Circuit court without jurisdiction to grant father’s child support relief

December 10, 2015
Jennifer Nelson
Madison Circuit Court 5 did not have jurisdiction to rule on a man’s motion for relief from a child support decision entered by Madison Circuit Court 2, the Indiana Court of Appeals concluded Thursday.
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COA affirms termination of parental rights

September 23, 2015
Dave Stafford
A mother and father of 8- and 9-year old children failed to convince the Indiana Court of Appeals that their parental rights were improperly terminated.
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Plans outline charter schools at juvenile detention centers

August 24, 2015
 Associated Press
An Indianapolis organization has proposed creating a charter school at juvenile detention centers statewide.
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Teen’s arrest did not violate 4th Amendment

June 22, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a teen’s adjudication for carrying a handgun handed down after police arrested the occupants of the car he was riding in after smelling burnt marijuana during a traffic stop. The judges unanimously held the officers had probable cause to arrest the car’s occupants, including the teen.
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Teen’s adjudications overturned based on unlawful search

March 11, 2015
Jennifer Nelson
An Indianapolis teenager suspected in two burglaries was subject to an unlawful pat down and search by an officer, the Indiana Court of Appeals ruled. As such, the gun found on him should not have been admissible at his delinquency hearing.
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Appeals court upholds teen’s 55-year sentence for murder

December 10, 2014
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals affirmed the 55-year sentence imposed on a juvenile waived into adult court for the murder of a friend. The teen claimed he should have been sentenced under the alternative sentencing scheme available for juveniles.
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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