Theft and auto theft are distinct offenses defined in different statutes, so that the “single larceny” rule does not prohibit convictions for both when the defendant simultaneously takes an automobile and other items of property.
Juvenile
Gingerich v. State, No. 43A05-1101-CR-27, __ N.E.2d __ (Ind. Ct. App., Dec. 11, 2012).
Reverses twelve-year old’s conspiracy to commit murder conviction when counsel had only four days to prepare for waiver of juvenile jurisdiction hearing.
Black v. Huck, No. 79A04-1202-CT-61, ___ N.E.2d ___ (Ind. Ct. App., Oct. 17, 2012).
DCS is entitled to statutory immunity as to all of the parties’ claims except for fraud. Under the facts of this case, extended family members had a liberty interest in their relationship with child such that they had standing to bring suit.
In re the Matter of G.W., No. 07A01-1201-JM-6, ___ N.E.2d ___ (Ind. Ct. App., Oct. 10, 2012).
A trial court may order a parent to make a child available for an interview requested by DCS to assess that child’s “condition” pursuant to Ind. Code § 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home.
R.W. v. State, No. 49A02-1112-JV-1187, __ N.E.2d __ (Ind. Ct. App., Sept. 25, 2012).
Mother’s failure to sign on the waiver line of the juvenile waiver of rights form, when the form was the only evidence in the record of a purported waiver, required exclusion of the juvenile’s subsequent statement to the police. The juvenile court found that the alleged criminal mischief delinquent act had been proven but merged the mischief into the burglary act by entering a “not true” finding on the mischief; opinion vacates burglary delinquency due to the waiver form problem and remands to have a “true finding” entered on the criminal mischief count.