State’s highest court to consider juvenile’s claim he received ineffective counsel

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(Photo courtesy of Indiana Supreme Court)

The Indiana Supreme Court will consider a case in which an Evansville juvenile claims he received ineffective counsel.

The boy, identified in court documents as J.M., says that his attorney’s failure to object to the state’s recommendation that he be sent to Indiana Department of Correction, rather than kept in the juvenile system, amounted to ineffective representation.

The Indiana Court of Appeals rejected that argument.

“Less-restrictive options have proven ineffective, and, if anything, J.M.’s behavior has become more dangerous to himself and others, and his issues with substance abuse have become more acute,” Judge Cale Bradford wrote for the appellate court. “Under the circumstances, we are confident that the juvenile court’s disposition, i.e., a DOC placement, is in J.M.’s best interests.”

The case stems from an incident in May 2024 in which J.M. struck his guardian, took the keys to her truck, drove away, evaded police, and was eventually located after getting into a fight with an employee at a nearby restaurant, court documents show.

Later that month, he admitted that he had committed what would be resisting law enforcement, operating a motor vehicle without a license, and reckless driving if committed by an adult.

After J.M.’s probation officer and the state recommended that he be committed to the Department of Correction again, his attorney responded, “No comments.”

The case is J.M. v. State of Indiana, 25S-JV-87.

In other action, the high court denied transfer of 28 cases last week. The five justices agreed on almost all of them.

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