June 30, 2010
Jennifer NelsonIn a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s
right to counsel at her detention hearing.
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June 17, 2010
Jennifer NelsonThe Indiana Court of Appeals found the stop by police of a teen at a summer expo in Indianapolis who had a loaded gun in his
waistband didn’t violate the teen’s state or federal constitutional rights. The appellate court also concluded
the juvenile court’s comments to the teen’s father don’t require a remand.
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June 16, 2010
Jennifer NelsonThe Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence
to support alleged probation violations to justify the placement modification.
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June 14, 2010
Michael HoskinsThe Indiana Court of Appeals says a ruling by the state justices last year can’t be used to stop juvenile courts from
ordering juveniles to register as sex offenders.
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April 22, 2010
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police
was sufficient by itself to justify a police officer's stop of a juvenile.
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April 1, 2010
Jennifer NelsonThe Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence.
The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to
prove her drug use when she repeatedly refused to submit to drug testing.
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March 31, 2010
Michael HoskinsIn addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial
judges must offer findings of fact in those types of cases just as they're required to by law for children in need of
services cases and grandparent visitation matters.
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February 25, 2010
Jennifer NelsonThe Indiana Court of Appeals discovered an inequity in the Grandparent Visitation Act due to the lack of biological relationships
between the parties in an adoption petition.
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February 2, 2010
Jennifer NelsonThe Indiana Court of Appeals upheld the finding that a 17-year-old is a child in need of services, ruling that evidence of
her drug test wasn't irrelevant and was properly admitted by the trial court.
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January 6, 2010
Jennifer NelsonA finding that a child is in need of services only establishes the status of the child and means the child is a CHINS even
if one parent isn't involved in the reasons for the determination, the Indiana Supreme Court ruled today
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December 1, 2009
Michael HoskinsState law doesn't allow for post-adoption visitation that's contingent upon a voluntary termination of parental rights,
the Indiana Supreme Court has ruled.
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November 30, 2009
Jennifer NelsonThe Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The
majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance
under a local court rule.
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November 10, 2009
Jennifer NelsonA trial court didn't abuse its discretion in admitting evidence that a juvenile possessed marijuana because the seizure
of the drug didn't violate the teen's constitutional rights, the Indiana Court of Appeals ruled.
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August 25, 2009
Jennifer NelsonIn a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial
court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
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August 14, 2009
Jennifer NelsonIndiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during
a hearing in which a mother's parenting time was restricted.
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August 10, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over
the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to
place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to
out-of-state facilities from DCS to the counties.
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July 21, 2009
Jennifer NelsonEven if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency
hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges
as the defendant argues.
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June 30, 2009
Michael HoskinsIn a significant opinion about the funding of child welfare cases, the Indiana Court of Appeals ruled today that any guardian
ad litem or Child Appointed Special Advocate fees associated with a child in need of services case must be paid by the county
and not the state agency that lawmakers gave more oversight power to in the past year.
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April 17, 2009
Jennifer NelsonIn the first appeal of a juvenile case under Indiana Appellate Rule 14.1, the "rocket docket," the Indiana Supreme
Court ruled the juvenile court's determination that a child shouldn't be immediately reunited with his mother until
after the school year concluded - contrary to what the Department of Child Services recommended - wasn't clearly erroneous.
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March 31, 2009
Michael HoskinsDocket entries for more than 200 juvenile-related cases are now publicly available online through the Indiana Appellate Clerk's
Office.
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March 23, 2009
Jennifer NelsonIn an unusual case on appeal in which a mother's parental rights were terminated to only one of her five children during
a termination hearing, the Indiana Court of Appeals affirmed the decision due to the circumstances of the case.
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March 10, 2009
Michael HoskinsThe Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the
Department of Correction and in the same order also require probation after release.
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March 9, 2009
Jennifer NelsonDebating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry
stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...