To prove constructive possession, the State must demonstrate that the person has (1) the capability to maintain dominion and control over the item; and (2) the intent to maintain dominion and control over it.
Juvenile
K.C.G. v. State, No. 20S-JV-263, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2020).
Juvenile Court lacked subject-matter jurisdiction when it adjudicated juvenile as a delinquent child for dangerously possessing a firearm, an act that would not be an offense if committed by an adult.
D.P. v. State, State v. N.B., No. 20S-JV-443, __ N.E.3d __ (Ind. Sep. 8, 2020).
A juvenile court does not have subject matter jurisdiction to waive an alleged delinquent offender into adult criminal court if the individual is no longer a “child.”
Harris v. State, No. 19A-CR-1863, __ N.E.3d __ (Ind. Ct. App., May 13, 2020).
Pursuant to Indiana Rule of Evidence 615(c), the parent of a juvenile waived to adult court is a person whose presence a party shows to be essential to presenting the party’s claim or defense.
In re R.L.., No. 20S-JC-296, __ N.E.3d __ (Ind., May 5, 2020).
DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”