Juvenile case

Justices take juvenile sex offender case

February 19, 2013
IL Staff
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.
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COA reverses former principal’s conviction for failing to immediately report student’s alleged rape

January 30, 2013
Jennifer Nelson
A split Indiana Court of Appeals decided Wednesday that former Muncie Central High School principal Christopher Smith’s Class B misdemeanor conviction for failure to immediately report child abuse or neglect should be tossed out.
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COA: Theft and auto theft adjudications didn’t violate single larceny rule

January 15, 2013
Dave Stafford
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
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Judges reverse teen’s conspiracy to commit murder conviction

December 11, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed Paul Henry Gingerich’s conviction of Class A felony conspiracy to commit murder, finding the Kosciusko juvenile court abused its discretion in denying the then-12-year-old’s request for a continuance of a waiver hearing.
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Judges focus on juvenile due process in Gingerich murder conspiracy appeal

October 30, 2012
Dave Stafford
Court of Appeals judges on Tuesday focused their questions on whether a 12-year-old waived to adult court in a 2010 murder had due process when his attorneys had just five days to prepare for a waiver hearing in juvenile court in Kosciusko County.
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COA split over whether DCS has authority to interview sibling

October 10, 2012
Jennifer Nelson
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
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Admission of the videotaped confession constitutes fundamental error

September 25, 2012
Marilyn Odendahl
The true finding that a juvenile committed an act that would constitute the offense of attempted burglary, a class B felony, was reversed by the Indiana Court of Appeals on the grounds the trial court made a fundamental error in admitting into evidence the juvenile’s videotaped confession.
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Student’s delinquency adjudication involving in-school incident reversed

August 28, 2012
Dave Stafford
A Ben Davis High School student won an appeal of his adjudication as a delinquent Tuesday after the Court of Appeals held the circumstances for which he was adjudicated did not meet the equivalent of Class D felony resisting law enforcement.
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Judges uphold 11-year-old’s reckless homicide adjudication

August 2, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed a Morgan County boy’s adjudication for shooting his younger brother while the two were home alone. The 11-year-old claimed that the juvenile court abused its discretion in admitting his statement to the investigating officer at the evidentiary hearing.
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Divided court affirms life without parole for 17-year-old who killed younger brother

August 1, 2012
Dave Stafford
A 3-2 decision of the Indiana Supreme Court upheld a sentence of life without parole for a 17-year-old who killed his 10-year-old brother while babysitting and later dumped his body near a school in Rising Sun.
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7th Circuit affirms life sentences in prostitution ring

July 6, 2012
Dave Stafford
Two men sentenced to life in prison on an assortment of federal charges related to a prostitution ring involving underage girls that operated in northwest Indiana failed in their appeal before the 7th Circuit Court of Appeals on Friday, but judges asked the trial court to clarify the sentence for a third defendant.
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Judges affirm teen’s sentence for robbery, conspiracy

June 22, 2012
Jennifer Nelson
An Elkhart teenager convicted in adult court for her role in several armed robberies of gas stations lost her appeal before the Indiana Court of Appeals.
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Teen Court to hold Super Saturday session

June 15, 2012
IL Staff
More than 30 volunteers will assist with 11 Teen Court cases from 9 a.m. to 1 p.m. June 16 at Reach For Youth, 3505 N. Washington Blvd., Indianapolis, 46205.
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Appeals court affirms admission of victim video in molestation trial

June 7, 2012
Dave Stafford
St. Joseph Probate Court did not err when it allowed videotaped evidence of a child molesting victim to be presented at the fact-finding hearing of a minor who subsequently was placed at the Indiana Boys School.
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DNA swab of juvenile is not fundamental error

May 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found police acted improperly in swabbing a teen’s penis to obtain DNA evidence and that the trial court erred in admitting this test into evidence, but that the error was harmless.
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Judges uphold inpatient treatment for juvenile

April 30, 2012
Jennifer Nelson
Because the record shows that a juvenile’s placement at an inpatient treatment facility is consistent with the goals for the teen’s rehabilitation, the Indiana Court of Appeals upheld the juvenile court’s placement order.
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Appellate court affirms juvenile committed theft, burglary

January 20, 2012
Jennifer Nelson
There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.
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Justices reverse determinate commitment

January 18, 2012
Jennifer Nelson
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
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COA finds no error in juvenile adjudication

December 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center, holding sufficient evidence exists to support the court’s dispositional order.
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Justices: court could impose only 1 juvenile commitment

November 17, 2011
Jenny Montgomery
The Indiana Supreme Court has issued an opinion affirming that a juvenile may not be sentenced to both a determinate and indeterminate commitment.
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Judges uphold juvenile's adjudication

November 14, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.
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Court weighs cost of transportation

October 26, 2011
Michael Hoskins
The Indiana Supreme Court balances due process and parental rights.
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Court: CHINS fact-finding hearing required by due process

September 28, 2011
Michael Hoskins
The Indiana Court of Appeals disagrees with the state Department of Child Services that fact-finding and dispositional hearings in a child in need of services case are interchangeable. The appellate panel has ruled a Marion County father’s due process rights were denied because he didn’t receive the opportunity for a fact-finding hearing.
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Judges reverse teen’s adjudication for school absences, tardies

August 17, 2011
Jennifer Nelson
The state didn’t show that a teenager was in need of care, treatment, or rehabilitation regarding school attendance, so his adjudication as a delinquent child for missing school should be reversed, ruled the Indiana Court of Appeals.
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Court could find juvenile must register as sex offender

August 15, 2011
Jennifer Nelson
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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