Appellate court travels for arguments
As part of its “Appeals on Wheels” initiative, the Indiana Court of Appeals will hit the road this week to hear arguments.
Juvenile Case
Articles
Court reverses indeterminate commitment of juvenile
The Indiana Court of Appeals addressed the interplay between sections 6 and 10 of Indiana Code 31-37-19 governing juvenile commitment for the first time today. The judges noted when they are applied separately the sections produce opposite results regarding the purpose of the statutes.
COA affirms murder conviction, sentence of 14-year-old
When asked whether the conviction of and sentence for felony murder were appropriate findings for a 14-year-old offender, the Indiana Court of Appeals today affirmed the Marion Superior Court’s decision.
COA concerned about some details in termination case
In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling
details involving the case.
COA affirms doctrine of transferred intent applies
The Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated
for committing battery for hitting his teacher unintentionally when trying to punch another student.
COA reverses juvenile’s exploitation adjudication
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
COA: Teen didn’t resist law enforcement
A teen who refused to stand up or pull up his pants when ordered by a police officer did not resist law enforcement, the Indiana
Court of Appeals ruled today.
COA finds fundamental error in juvenile case, again
In 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.
COA upholds stop of teen with gun
The 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.
COA reverses modification of juvenile’s probation
The 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.
Court: juveniles can be placed on sex offender registry
The 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.
Counties must pay for juvenile facilities
Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.
COA upholds termination of parental rights
The 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.
Court split on burglary tipster issue
A 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.
COA sets standard in parental rights cases
In 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.
COA: inequity in grandparent visitation act
The 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.
Judges affirm finding teen is a CHINS
The 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.
CHINS finding establishes only status of child
A 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
Officer didn’t conduct investigatory stop
A 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.
Hearing didn’t consider all statutory factors
In 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).