Conviction reversed for felony neglect of a dependent because there was no evidence of subjective awareness of a high probability that by leaving the scene defendant had placed child in a situation that endangered her life or health.
Appeals
Hays v. Hockett, No. 62A01-1612-DR-2910, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2018).
Jurisdiction under the Uniform Child Custody Jurisdiction Act (“UCCJA”) does not equate to subject matter jurisdiction, and is therefore waivable
Crowder v. State, No. 02A03-1704-PC-824, __ N.E.3d __ (Ind. Ct. App., Jan. 16, 2018).
Counsel should have advised defendant to not accept a plea agreement that waived his appellate rights when he received no benefit for the waiver; therefore, that waiver is severed from the plea agreement and he may appeal his sentence.
Wilder v. State, No. 49A02-1706-CR-1420, __ N.E.3d __ (Ind. Ct. App., Jan. 9, 2018).
Even though the underlying crime did not involve the use of a firearm, prohibiting defendant from possessing firearms during his probation period did not violate his right to bear arms under the state or federal constitutions
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.