Matter of J.S., a Child Alleged to be Delinquent v. State of Indiana (mem. dec.)
32A01-1606-JV-1480
| Ind. Ct. App. | Feb 16, 2017Background
- J.S., a juvenile with longstanding substance abuse, ADHD, school dropout, and prior delinquency adjudication, was nearly 18 at the time of the charged offenses.
- Police linked J.S. to a series of Hendricks County bank robberies; he admitted involvement in two robberies and implicated others.
- On March 23, 2016, J.S. (with a juvenile girlfriend) robbed a PNC Bank teller of $2,030 using a written demand note and disguises; tellers feared possible violence.
- On April 4, 2016, J.S. cased First National Bank for an adult accomplice (Rhoades) who later robbed that bank; J.S. left the girlfriend and her two young siblings in a car while casing.
- The State moved to waive juvenile jurisdiction to adult court; the juvenile court found probable cause, that J.S. was beyond rehabilitation in the juvenile system, and that waiver served community safety and welfare, and ordered waiver.
- J.S. appealed interlocutorily, challenging the sufficiency of findings that he was beyond rehabilitation and that waiver was required for community safety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court abused discretion finding J.S. beyond rehabilitation | State: J.S.'s conduct, failures to respond to services, age near 18, and gravity of offenses support finding | J.S.: Court should not reweigh; argues parents and programs could rehabilitate him | Affirmed — sufficient evidence that J.S. is beyond juvenile rehabilitation |
| Whether court abused discretion by failing to enter specific findings about community safety | State: Record contains ample facts showing danger to community (violent-feeling robberies, enlistment of others) | J.S.: Waiver order lacked specific spelled-out findings required by statute | Affirmed — findings as a whole and record support community-safety conclusion; specific recitation not required when record suffices |
Key Cases Cited
- S.W.E. v. State, 563 N.E.2d 1318 (Ind. Ct. App.) (standard for appellate review of waiver evidence)
- Vance v. State, 640 N.E.2d 51 (Ind. 1994) (record can supply sufficient facts even if order lacks detailed recitation)
- Phelps v. State, 969 N.E.2d 1009 (Ind. Ct. App.) (standard of review and burden for waiver decisions)
- Hall v. State, 870 N.E.2d 449 (Ind. Ct. App.) (recognizing fact-sensitive nature of rehabilitation determination)
- Jordan v. State, 62 N.E.3d 401 (Ind. Ct. App.) (same — rehabilitation inquiry varies by facts)