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Thursday, October 30, 2014

Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)

For publication opinions today (1):

In M.J. v. State of Indiana, a 7-page opinion, Sr. Judge Darden writes:

M.J. appeals his adjudication as a delinquent child for committing resisting law enforcement as a Class A misdemeanor if committed by an adult.

We reverse M.J.’s adjudication and vacate the February 19, 2014, dispositional orders in Cause Numbers 49D09-1206-JD-1621 (CN 1621), 49D09-1209-JD-2393 (CN 2393), and 49D09-1305-JD-1286 (CN 1286), which modified prior orders and include suspended commitments to the Indiana Department of Correction.

The sole issue for our review is whether there is sufficient evidence to support M.J.’s adjudication as a delinquent child. * * *

Here, as in Gaddie and Griffin, none of M.J.’s actions suggested there was any criminal activity afoot. Without evidence demonstrating grounds for detention, we reverse M.J.’s adjudication as a delinquent. We also vacate the February 19, 2014 dispositional orders entered in CN678-098s 1621, 2393, and 1286.

NFP civil opinions today (1):

Letitia Kurabara v. Creative Real Estate Property Management (NFP)

NFP criminal opinions today (3):

Michael W. Anderson v. State of Indiana (NFP)

Christopher Hopkins v. State of Indiana (NFP)

E.I. v. State of Indiana (NFP)

Posted by Marcia Oddi on October 30, 2014 11:11 AM
Posted to Ind. App.Ct. Decisions