CHINS factfinding hearing must be completed within 60 days or the petition must be dismissed; if the petition is refiled, DCS must submit new evidence regarding conditions at the current time.
Juvenile
T.H. v. State, No. 18S-JV-80,__ N.E.3d __(Ind., March 9, 2018)
Affirms the Court of Appeals opinion that no reasonable fact-finder could find the element of loss of at least $750 was proven beyond a reasonable doubt when there are unexplained anomalies in the repair estimate.
D.Z. v. State, No. 32A05-1708-JV-1907, __ N.E.3d __ (Ind. Ct. App., Feb. 22, 2018).
Because the school official and police officer employed by the school acted in concert in obtaining incriminating statements from the student, and both were aware of the probability of criminal charges, the student should have been advised of his Miranda rights.
J.R. v. State, No. 49A02-1704-JV-754, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2018).
General statute on carrying a handgun without a license (Ind. Code § 35-41-2-1(a)) does not apply to juveniles because a statute related to a juvenile’s dangerous possession of a firearm (Ind. Code § 35-47-10-1) exists.
R.R. v. State, No. 47A04-1705-JV-944, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2018).
A juvenile may waive constitutional right to be present at factfinding hearings by knowingly and intentionally refusing to appear.