Articles

Appellate court adopts new-crime exception, partially reverses for motorist who wasn’t read Miranda rights

A motorist who denied hitting a police officer’s car but who offered the officer money to pay for the damages won a partial reversal after the Court of Appeals of Indiana found he was subject to custodial interrogation without being given Miranda warnings. But the COA did not allow the suppression of the alleged bribery based on the federal new-crime exception.

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Justices split, find ‘jurisdictional gap’ in child molesting offense committed by minor who is now an adult

Neither the juvenile court nor the criminal court has jurisdiction over a man who allegedly committed child molesting while still a minor but whom the state did not attempt to criminally charge until he was over 21, creating a “jurisdictional gap” in cases where an offender ages out of the juvenile system, according to the Indiana Supreme Court. But the court’s majority holding was challenged by two dissenting justices, who argued the Indiana Legislature “would never have intended” for the alleged criminal act to go unpunished.

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COA: GAL wrongly appointed in grandparent visitation dispute

A guardian ad litem should not have been appointed in a visitation dispute between a mother and her child’s grandfather after he was denied more than a year’s worth of visitations, the Court of Appeals of Indiana has ruled, remanding to determine if a modification of the parties’ agreement is in the child’s best interests.

 

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