Opinions October 4, 2024

Indiana Court of Appeals
In the Matter of M.H. and Z.M. (Minor Children), Children in Need of Services, and T.M. (Mother) v. Indiana Department of Child Services
23A-JC-2959
Juvenile CHINS. Reverses the Marion Superior Court’s order setting a factfinding hearing on a child in need of services petition beyond the statutory 60-day deadline over T.M.’s objection. Finds the juvenile court erred when it set the factfinding hearing outside the statutory 60-day deadline. Remand with instructions to dismiss the CHINS petition without prejudice.

Frank Grecco III v. State of Indiana
24A-CR-560
Criminal. Reverses the Hendricks Superior Court’s order denying Frank Grecco III’s motion to dismiss two charges of possession of child pornography as level 6 felonies. Finds in light of the precedent from the United States Supreme Court and under these circumstances in which the state conceded before the trial court that the materials Grecco was charged with possessing did not depict actual children, as well as the state’s agreement on appeal that Grecco’s motion to dismiss should have been granted, the appellate court should reverse.

Joseph Lee Young v. State of Indiana
23A-CR-2544
Criminal. Affirms Joseph Young’s convictions in Johnson Superior Court of Level 2 felony dealing methamphetamine in an amount of ten grams or more and Level 6 felony unlawful possession of a syringe and his adjudication as a habitual offender. Finds the search of Young’s vehicle, which included pulling on the loose door panel attached to Young’s front driver’s side door, was permissible pursuant to the Fourth Amendment’s automobile exception, and the search was also reasonable under the Indiana Constitution. Also finds the state presented sufficient evidence to prove Young constructively possessed the drugs and paraphernalia found in the vehicle’s door panel. Finally, finds Young’s aggregate 35-year sentence is not inappropriate in light of the nature of his offenses and his character.