A W v. State of Indiana

• Court: Indiana Court of Appeals
• Decided: November 29, 2023
• Docket: 23A-JV-01609
• Status: Published

Opinion

FILED Nov 29 2023, 9:58 am

CLERK Indiana Supreme Court Court of Appeals and Tax Court

ATTORNEYS FOR APPELLANT ATTORNEYS FOR APPELLEE Amy E. Karozos Theodore E. Rokita Public Defender of Indiana Attorney General of Indiana Deidre R. Eltzroth Tyler Banks Deputy Public Defender Deputy Attorney General Indianapolis, Indiana Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

A.W., November 29, 2023 Appellant-Petitioner, Court of Appeals Case No. 23A-JV-1609 v. Appeal from the Elkhart Circuit Court State of Indiana, The Honorable Michael A. Appellee-Respondent. Christofeno, Judge The Honorable Elizabeth Bellin, Magistrate Trial Court Cause No. 20C01-2004-JD-157

Opinion by Judge Riley. Judges Crone and Mathias concur.

Riley, Judge.

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 1 of 13 STATEMENT OF THE CASE [1] Appellant-Petitioner, A.W., appeals the trial court’s denial of his motion for

relief from judgment pursuant to Indiana Trial Rules 60(B)(6) and (8) without

conducting an evidentiary hearing.

[2] We affirm.

ISSUES [3] A.W. presents three issues on appeal, which we restate as follows:

(1) Whether the trial court abused its discretion by denying his motion for

relief from judgment pursuant to Indiana Trial Rule 60(B)(6) when his

admission to juvenile delinquency was motivated by a threat of criminal

prosecution against his father;

(2) Whether the trial court abused its discretion by denying his motion for

relief from judgment pursuant to Indiana Trial Rule 60(B)(8) when his

admission to juvenile delinquency was the result of ineffective assistance

of trial counsel; and

(3) Whether the trial court was required to conduct an evidentiary hearing

on his Indiana Trial Rule 60(B) motions.

FACTS AND PROCEDURAL HISTORY [4] On April 16, 2020, the State filed a delinquency petition in Cause 20C01-2004-

JD-000157 (Cause 157), alleging that thirteen-year-old A.W. had committed

child molesting as a Level 3 felony, if committed by an adult. Later, the State

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 2 of 13 filed a second delinquency petition under a separate cause number 20C01-2004-

JD-000158 (Cause 158), 1 alleging that A.W. had committed child molesting as

a Level 4 felony, if committed by an adult. On October 23, 2020, the trial court

conducted a consolidated fact-finding hearing.

[5] At the commencement of the consolidated hearing, the State informed the trial

court that the victim and the victim’s mother in Cause 157 were not present in

court as the State “started having communication problems” with the victim’s

mother, who had indicated “some concerns” about A.W.’s father. (Appellant’s

App. Vol. III, p. 5). The State elaborated that “in one of my meetings with me,

she did indicate she was a little fearful of retaliation. She lives close to [A.W.’s

father], a couple doors down. I assured her I didn’t think [A.W.’s father] was

gonna be causing any problems. I had no reason to believe so.” (Appellant’s

App. Vol. III, p. 10). Being asked about the situation, A.W.’s counsel advised

the trial court, “I was informed, just prior to court, by [A.W.’s father] that he

has had encounters and had to call the police on [victim’s mother] twice in the

past month because of threats she’s made toward A.W.” (Appellant’s App.

Vol. III, p. 14).

[6] The trial court proceeded to hear testimony in the consolidated hearing. The

State called the investigator, who had tried to locate the victim’s mother and the

victim in Cause 157, and a detective, who testified that the local sheriff’s office

1 The record does not include the chronological case summary for this Cause and the exact date of filing the delinquency petition cannot be determined.

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 3 of 13 had received three calls from A.W.’s father in the past month, filing complaints

against the victim’s mother. After the trial court agreed to issue a writ of body

attachment for the victim’s mother, the State mentioned that it would be

“looking at a forfeiture by wrongdoing” “based upon the behavior of [A.W.’s

father] that we’ve introduced here.” (Appellant’s App. Vol. III, pp. 88-89). The

State then returned to presenting testimony of the victim in Cause 158.

[7] After the trial court admitted the forensic interview of the victim in Cause 158,

A.W.’s counsel requested a recess, which was granted. Upon reconvening,

A.W.’s counsel indicated that she had conferred with A.W. and had learned

that A.W. “may want to” admit to the allegations in both delinquency

petitions. (Appellant’s App. Vol. III, p. 108). The trial court placed A.W.

under oath and specifically inquired if it was his intention to stop the trial and

admit to the allegations claimed by the State. A.W. indicated that he had

received enough time to speak with his counsel and his father about the

decision to admit to the allegations. The trial court then proceeded to advise

A.W. of his rights and informed him that with his admission, he would be

waiving his right to a trial. A.W. confirmed that he understood. A.W.’s

counsel informed the trial court that the decision to admit to the formal

delinquency petitions was a free and voluntary decision made by A.W.:

Trial court: And, A.W., nobody’s forcing you or threatening you to do this, is that right?

A.W.: (No audible response)

Trial court: You have to answer out loud.

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 4 of 13 A.W.: Nobody’s doing that to me.

Trial court: It’s your own free and voluntary decision to - -

A.W.: Yes.

Trial court: - - to admit to what’s been charged. Right?

(Appellant’s App. Vol. III, p. 114). Factual bases were then tendered to the trial

court and the trial court entered an adjudication in both Causes.

[8] On December 1, 2020, the trial court conducted a dispositional hearing.

During the hearing, the trial court encouraged A.W.’s father to ask questions if

he was confused about anything. Although A.W. and A.W.’s father had an

opportunity to address the trial court and participate in the conversation as to

the best rehabilitative plan for A.W., neither A.W. nor A.W.’s father raised any

concern about A.W. having been coerced to admit to the allegations. At the

close of the hearing, A.W. was placed under probation supervision. After his

admission and dispositional hearing, A.W. appeared before the trial court six

additional times and at no time did he indicate that his original admissions

were not voluntary or that he had been coerced into making his admissions.

On March 23, 2022, after numerous failed attempts at less restrictive

rehabilitation services, A.W. was made a ward of the Indiana Department of

Correction (DOC).

[9] Approximately one year later, on March 21, 2023, A.W. filed a motion for

relief from judgment pursuant to Indiana Trial Rules 60(B)(6) and (8),

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 5 of 13 requesting the trial court to vacate the delinquency adjudications because his

admissions had been motivated by “the perceived threat of a criminal charge

against his father,” and later added a claim of ineffective assistance of counsel.

(Appellant’s App. Vol. II, p. 195). On May 10, 2023, the trial court conducted

a status hearing on the motion. At the conclusion of the hearing, the trial court

took the “question of timeliness [of the motion] under advisement,” and offered

the parties time to file a supplemental brief on “specifically the issue of

timeliness of the [T.R.] 60(B) motion.” (Transcript p. 13).

[10] On May 31, 2023, the trial court issued a detailed Order denying A.W.’s

motion for relief from judgment under T.R. 60(B)(6) because A.W. “provide[d]

no supporting information by way of affidavit or the like within the record that

contradicts [AW.’s] sworn testimony that his admission was made without

force, threat, or coercion.” (Appellant’s App. Vol. II, p. 216). The trial court

likewise denied A.W.’s motion under T.R. 60(B)(8) because the motion was

untimely, and no meritorious claim or defense had been identified.

[11] A.W. now appeals. Additional facts will be provided if necessary.

DISCUSSION AND DECISION I. Standard of Review

[12] Because A.W. seeks relief from judgment under Trial Rules 60(B)(6) and (8),

this case implicates two standards of review. When a judgment is void under

Rule 60(B)(6), the trial court has no discretion to enforce it, and thus, we review

the court’s decision de novo. M.H. v. State, 207 N.E.3d 412, 416 (Ind. 2023). Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 6 of 13 But under Rule 60(B)(8)’s catchall provision, whether relief is warranted “is left

to the equitable discretion of the trial court,” and thus, we review the court’s

decision for an abuse of that discretion. T.D. v. State, 219 N.E.3d 719, 724 (Ind.

2023). A trial court abuses its discretion if it misinterprets the law or if its

decision clearly contravenes the logic and effect of the facts and circumstances

before it. See, e.g., id.; Smith v. Franklin Twp. Cmty. Sch. Corp., 151 N.E.3d 271,

273 (Ind. 2020).

II. Indiana Trial Rule 60(B)(6) 2

[13] Trial Rule 60(B)(6) allows a party to move for relief at any time if “the

judgment is void.” T.R. 60(B)(6); see also Anderson v. Wayne Post 64, Am. Legion

Corp., 4 N.E.3d 1200, 1205 (Ind. Ct. App. 2014), trans. denied. Therefore, to be

entitled to relief, the party must establish that the judgment is void, not

voidable. Koonce v. Finney, 68 N.E.3d 1086, 1090 (Ind. Ct. App. 2017), trans.

denied. The distinction between these two terms is “no mere semantic quibble.”

Stidham v. Whelchel, 698 N.E.2d 1152, 1154 (Ind. 1998). While a void judgment

“is a complete nullity” without legal effect from its inception, a voidable

judgment “is capable of confirmation or ratification,” making it subject to

2 The trial court denied A.W.’s motion pursuant to T.R. 60(B)(6) based on the established ground that T.R.60(B) cannot be used to present a claim that could have been, but was not presented, on direct appeal. See Perkins v. State, 718 N.E.2d 790, 792 (Ind. Ct. App. 1999). The trial court noted that A.W. “is requesting that the [c]ourt hear new evidence related to the voluntariness of his plea, a fact that was known to [A.W.] when a direct appeal could have been perfected. [A.W.] did not file a direct appeal during his case, either after this [c]ourt entered the first dispositional decree on December 1, 2020, or when this [c]ourt modified the child’s dispositional decree for the last time on March 23, 2022.” (Appellant’s App. Vol. II, 216). While we agree with the trial court, based on our de novo review, we reach the same result but on different grounds.

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 7 of 13 ordinary appellate or other direct procedures to correct it. Id. (quoting 46 Am.

Jur. 2d Judgments §§ 30, 31 (1994)).

[14] In its very recent opinion in T.D., our supreme court clarified the concept of a

void judgment within the confines of Indiana Trial Rule 60(B). Specifically,

our supreme court pronounced that

a trial court’s judgment is void if the court lacks personal jurisdiction, subject matter jurisdiction, or the authority to render the judgment. That said, we construe “authority” narrowly to distinguish void errors from voidable legal or procedural errors. There is a distinct difference between a judgment that the law does not authorize under any circumstances (a void judgment), and a judgment authorized by law but derived in violation of law (a voidable judgment). In the latter scenario, the trial court still has the requisite authority to act, and thus, the error is a procedural irregularity that can be cured.

T.D., 219 N.E.3d at 726-27 (internal references omitted). In T.D., our supreme

court was faced with the issue whether a trial court’s failure to comply with the

Juvenile Waiver Statute rendered an agreed delinquency adjudication void or

voidable for purposes of a motion made pursuant to Indiana Trial Rule

60(B)(6). Id. at 727. Despite warning that “given the special caution afforded

to juvenile admissions, a trial court’s failure to comply with the Juvenile

Waiver Statute is particularly alarming,” the court noted that this “failure does

not mean the court lacks the legal authority under any set of circumstances to

adjudicate a juvenile as a delinquent.” Id. “Indeed, nothing in the juvenile

code prohibits a court from entering judgment on an agreed delinquency

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 8 of 13 adjudication despite an invalid waiver of rights.” Id. As such, the supreme

court concluded that “violations of the Juvenile Waiver Statute do not render a

subsequent delinquency adjudication void; they render it voidable because the

error can be cured if challenged.” Id. Applying our supreme court’s holding in

T.D. to the situation before us, we reach a similar result. A.W.’s allegations of

purported deficiencies in admission proceedings and claims of involuntary

admissions do not render a delinquency adjudication void, but merely voidable

as the error can be cured when challenged. Accordingly, as A.W.’s

adjudication cannot be held void, A.W. is foreclosed from proceeding under

Indiana Trial Rule 60(B)(6).

III. Indiana Trial Rule 60(B)(8)

[15] Trial Rule 60(B)(8) permits a party to obtain relief from judgment for “any

reason” other than those set forth in other subsections of the rule that are not

relevant here. T.R. 60(B)(8). To be entitled to relief under this rule, the movant

must file their motion “within a reasonable time” and “allege a meritorious

claim or defense.” T.R. 60(B)(8). Additionally, our precedent requires the

moving party to “demonstrate some extraordinary or exceptional circumstances

justifying equitable relief.” State v. Collier, 61 N.E.3d 265, 268 (Ind. 2016).

[16] Focusing on the reasonable time requirement of T.R. 60(B)(8), the trial court

concluded that

In this instance, an adjudication was entered on September 18, 2020. Counsel for [A.W.] did not enter her appearance until July 2022, and transcripts were requested in August 2022, almost two Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 9 of 13 (2) years after the adjudication. Almost seven (7) months after counsel received the transcripts was a Motion for Relief filed. Counsel does not provide specific reasons for the delay, only that counsel sought relevant documentation and conducted necessary investigation during those seven (7) months. It cannot be said that such a delay is timely, particularly in juvenile delinquency cases that have strict statutory timelines. Furthermore, time was and is of the essence in this instance, as counsel concedes that [A.W.] has already completed the sex offender treatment program within the [DOC], and alleges that such completion is akin to having already “served his sentence.”

(Appellant’s App. Vol. II, p. 217). In support of his contention that the trial

court abused its equitable discretion by declaring his T.R. 60(B)(8) motion to be

filed outside the reasonable time parameters, A.W. requests this court to

artificially limit the relevant timeframe in which to consider the reasonableness

requirement as starting after the final modification of his disposition and

wardship to the DOC, rather than when the adjudication was officially

admitted and entered.

[17] However, contrary to A.W.’s request, in making its determination of the

reasonable time requirement, “the court must consider the length of time that

elapsed from the date of the judgment to the date of the filing of the Trial Rule

60 motion, the circumstances of the delay, the diligence exercised by the

movant, and the possibility of prejudice to the opposing party.” Jordan v. State,

549 N.E.2d 382, 384 (Ind. Ct. App. 1990), trans. denied. In D.D.J. v. State, 640

N.E.2d 768, 769-70 (Ind. Ct. App. 1994), trans. denied, we calculated the

relevant time period under T.R. 60(B)(8) in collateral attacks on delinquency

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 10 of 13 adjudications as running from the time of the adjudication to the time of the

filing of the motion.

[18] A.W.’s dispositional hearing was conducted on December 1, 2020, and he filed

his T.R. 60(B)(8) motion based on ineffective assistance of counsel almost two-

and-a-half years later, on March 21, 2023. The ineffective assistance of counsel

claim, which is grounded in A.W.’s perceived coerced admission, was available

to him since his adjudication. He appeared in court many times after his

disposition for rehabilitative placement modifications and never lodged a

complaint about the circumstances of his admissions. Furthermore, the State

would be prejudiced if a new fact-finding hearing would be required: one

witness was impaired in her memory due to her young age at the time of the

first factfinding hearing, and the record is silent about the testimonial capacity

of the second victim. See Stewart v. State, 548 N.E.2d 1171, 1176 (Ind. Ct. App.

1990) (“If reasonable likelihood of successful prosecution is materially

diminished by the passage of time attributable to the defendant’s neglect, such

may be deemed a sufficient demonstration of prejudice.”), trans. denied.

Accordingly, based on the lapse of time, the prejudice to the State, and the trial

court’s equitable discretion, we affirm the trial court’s conclusion that A.W.’s

T.R. 60(B)(8) motion was filed untimely. See also D.D.J, 640 N.E.2d at 769-70

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 11 of 13 (holding that the juvenile court did not abuse its discretion by denying the

juvenile’s T.R. 60(B)(8) motion after a two-year delay). 3

III. Evidentiary Hearing

[19] Lastly, A.W. contends that the trial court erred by not conducting an

evidentiary hearing on his T.R. 60(B) motions, as an evidentiary hearing was

mandatory to show that neither A.W.’s counsel nor A.W. realized at the time

of his admissions that the admissions were improperly motivated or coerced.

[20] Indiana Trial Rule 60(D) dictates that the trial court “shall hear any pertinent

evidence” in resolving a motion for relief from judgment. However, when there

is no pertinent evidence to be heard, a hearing is unnecessary. Thompson v.

Thompson, 811 N.E.2d 888, 904 (Ind. Ct. App. 2004) (quoting Pub. Serv.

Comm’n v. Schaller, 299 N.E.2d 625, 628 (1973) (noting that the language of

Rule 60(D) is mandatory but only for the presentation of “pertinent evidence”)),

reh’g denied, trans. denied. “The catalyst needed to obtain the proper relief is

some admissible evidence, which may be in the form of an affidavit, testimony

of witnesses, or other evidence obtained through discovery[.]” State Farm Fire &

Cas. Co. v. Radcliff, 18 N.E.3d 1006, 1016-17 (Ind. Ct. App. 2014).

3 Because we affirm the trial court’s ruling based on the timeliness requirement of T.R. 60(B)(8), we do not analyze A.W.’s argument concerning the existence of a meritorious claim or defense and his demonstration of some extraordinary or exceptional circumstances justifying equitable relief.

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 12 of 13 [21] In the preamble of its decision, the trial court advised that it had considered “all

of the filings in the above cause, and ha[d] reviewed the entire transcript

submitted by [A.W.] marked as ‘Exhibit A.’” (Appellant’s App. Vol. II, p.

214). A.W. did not file any affidavits or other admissible evidence to support

his contention that he had been coerced into his admissions, nor did he specify

in his filings to the court what other pertinent evidence would be needed to

adjudicate his claim. See, e.g., Williams v. Tharp, 934 N.E.2d 1203, 1214-15

(Ind. Ct. App. 2010) (“Appellants have failed to direct us to any pertinent

evidence that was not before the trial court when it ruled on their motion.”).

Therefore, we cannot conclude that the trial court erred when it did not conduct

an evidentiary hearing on A.W.’s T.R. 60(B) motions.

CONCLUSION [22] Based on the foregoing, we hold that the trial court did not abuse its discretion

by denying A.W.’s motions for relief from judgment pursuant to T.R. 60(B)(6)

and (8) and the trial court was not required to conduct an evidentiary hearing.

Affirmed.

Crone, J. and Mathias, J. concur

Court of Appeals of Indiana | Opinion 23A-JV-1609 | November 29, 2023 Page 13 of 13