A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.
L. Rush
Cox v. Evansville Police Dept., No. 18S-CT-447, __ N.E.3d __ (Ind., Sept. 13, 2018).
Cities may be liable under the respondeat superior scope-of-employment rule for sexual assaults by on-duty police officers, but the common-carrier exception does not apply.
D.Z. v. State, No. 18S-JV-295, __ N.E.3d __ (Ind., June 20, 2018).
When school officials alone meet with students, Miranda warnings are not required.
B.A. v. State, No. 49S02-1709-JV-567, __ N.E.3d __ (Ind., June 20, 2018).
A juvenile student held in police custody and under police interrogation must be given warnings under both Miranda and Indiana’s juvenile waiver statute.
A.A. v. Eskenazi Health/Midtown CMHC, No. 49S02-1711-MH-688, __ N.E.3d __ (Ind., May 17, 2018).
An attorney may not waive the right to appear on behalf of a client for a mentally competent civil commitment. A trial court must waive a respondent’s presence at a commitment hearing at the beginning of the proceeding.