The Indiana General Assembly has not yet provided the statutory authority to grant subject matter jurisdiction to an adult criminal court in the situation where the adult criminal court is aware that an individual is alleged to have committed a delinquent act of child molesting when he was under eighteen (a child) but is twenty-one or older at the time the State seeks to file charges against him.
R. Pyle
Wampler v. State, 20A-PC-2043, __ N.E.3d __ (Ind. Ct. App., Apr. 28, 2021).
A trial court does not have the authority to resentence a defendant who has served his sentence and been released from the DOC.
Ball v. State, 20A-XP-1521, __ N.E.3d __ (Ind. Ct. App., Feb. 23, 2021).
Where a co-defendant in the same case has compensated the victim, the statutory restitution obligation has been satisfied and therefore, the non-paying co-defendant is eligible for expungement.
In the Matter of the Change of Gender Identification of A.B., No. 20A-MI-1580, __ N.E.3d __ (Ind. Ct. App, Feb. 24, 2021).
Parents have authority to petition to change the gender marker of their child on the child’s birth certificate. The appropriate standard is whether the change is in the child’s best interests.
Prater v. Wineland, No. 20A-GU-895, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2020).
In a guardianship, trial court erred in denying mother’s petition for visitation of her child without a hearing.