Opinions Jan. 9, 2019

January 9, 2019

Indiana Supreme Court
J.W. v. State of Indiana

Juvenile. Grants transfer and dismisses without prejudice. Holds juveniles cannot immediately challenge on direct appeal any errors concerning their agreed delinquency adjudication. Finds that because juveniles are not eligible for post-conviction relief, they must assert any claims of error concerning their agreed judgment in a request for post-judgment relief filed with a juvenile court before pursuing their constitutional right to appeal. Also finds that juveniles who seek relief in post-judgment proceedings have a statutory right to counsel under Indiana Code article 31-32. Remands for proceedings.  

Indiana Court of Appeals
Francisco J. Jimenez v. Blanca E. Jimenez (mem. dec.)

Domestic relation. Affirms the dissolution decree ending the marriage of Francisco J. and Blanca E. Jimenez. Finds the Lake Circuit Court did not clearly err when it found that $39,000 spent and retained by Blanca in her account prior to the dissolution was for marital purposes and was not dissipated.

In the Matter of the Termination of the Parent-Child Relationship of P.L. (Minor Child); L.P. (Father) and K.L. (Mother) v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms and reverses in part the termination of L.P. and K.L.’s parental rights over their minor child, P.L. Finds the White Circuit Court did not err when it found that the conditions that led to the removal of P.L. from K.L.’s home will not be remedied, or when it found that termination of the parent-child relationship between K.L. and P.L. is in the best interests of the child. Also finds the state presented insufficient evidence to prove L.P. will not remedy the condition that led to the removal of P.L. and the continued placement of the child outside the home. Remands for further proceedings.