Juvenile’s waiver of his Miranda rights was not knowing, intelligent, and voluntary because of his demonstrated lack of maturity, the fact that he was not advised of the crime and possible consequences, and his minimal consultation with a parent.
Appeals
George v. State, No. 18A-CR-2300, __ N.E.3d __ (Ind. Ct. App., Jan. 23, 2020).
Convicting defendant of both Level 4 felony unlawful possession of a firearm by a serious violent felon and Class A misdemeanor carrying a handgun without a license violates Indiana’s double jeopardy prohibition.
Peele v. State, No. 19A-CR-1775, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2020).
An individual may either file a petition for removal from the sex offender registry in a separate, civil cause or within a criminal cause under a qualifying court.
State v. N.B., No. 19A-JV-1659, __ N.E.3d __ (Ind. Ct. App., Jan. 10, 2020).
A juvenile court has subject matter jurisdiction to entertain a delinquency petition and waive a defendant to adult criminal court but does not have jurisdiction to adjudicate a defendant over age twenty-one a delinquent child and enter a disposition.
Reust v. State, No. 18A-CR-2887, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2019).
Landscaping at a new home construction site does not fall under the Indiana Home Improvement Fraud Statute, which requires that the consumer live in the dwelling at the time of the home improvement.