Opinions October 7, 2024
Indiana Court of Appeals
State of Indiana v. B.H.
24A-JV-1247
Juvenile. Reverses the Cass Circuit Court’s denial of the state’s request for authorization to file a delinquency petition against 18-year-old B.H. based on an act he allegedly committed when he was 17. Finds that an order rejecting a delinquency petition for lack of subject-matter jurisdiction is comparable to the dismissal of an indictment or information and therefore, the state is entitled to appeal the juvenile court’s ruling. Also finds the state did meet the deadlines for seeking an interlocutory appeal and while this is not actually an interlocutory appeal, both the juvenile court and the Court of Appeals treated it as an interlocutory appeal and allowed the state to bring such an appeal.