When a party’s first appearance in a case is made in person when it should have been virtual, the court should be hesitant to treat that appearance as defiant or otherwise improper. A parent who requests a contested CHINS fact-finding hearing has a constitutional right to that hearing, and a parent does not forfeit that right by appearing in person to a virtual hearing.
Juvenile
State v. Neukam, No. 21S-CR-567, __ N.E.3d __ (Ind., June 23, 2022).
Slaughter, J. In 2020, we held juvenile courts lose jurisdiction once an alleged delinquent child reaches twenty-one years of age. But we left open the question whether the State can file criminal charges against a person who committed the charged conduct before turning eighteen but is no longer a child under the juvenile code. Under […]
State v. Pemberton, No. 21A-CR-668, __ N.E.3d __ (Ind. Ct. App., March 31, 2022).
Absent specific exceptions outlined by our legislature in other statutes, acts that would be criminal offenses if committed by adults are defined by Indiana law as delinquent acts when committed by individuals under age eighteen, and Indiana law gives exclusive jurisdiction of delinquency proceedings to juvenile courts.
Conley v. State, No. 21S-PC-256, __ N.E.3d __ (Ind., March 23, 2022).
Seventeen-year-old petitioner did not receive ineffective assistance of counsel because of trial counsel’s failure to present evidence of defendant’s age and juvenile brain development.
In re Termination of Parent-Child Relationship of I.L., No. 22S-JT-77, __ N.E.3d __ (Ind., March 2, 2022).
Trial court did not violate parent’s due process rights by holding the termination of parental rights hearing via remote video hearing.