J.W.J. v. State of Indiana (mem. dec.)

• Court: Indiana Court of Appeals
• Decided: October 24, 2019
• Docket: 19A-JV-1046
• Status: Published

Opinion

MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), FILED this Memorandum Decision shall not be Oct 24 2019, 9:18 am regarded as precedent or cited before any CLERK court except for the purpose of establishing Indiana Supreme Court Court of Appeals the defense of res judicata, collateral and Tax Court

estoppel, or the law of the case.

ATTORNEY FOR APPELLANT ATTORNEYS FOR APPELLEE Bruce W. Graham Curtis T. Hill, Jr. Graham Law Firm, P.C. Attorney General Lafayette, Indiana Lauren A. Jacobsen Deputy Attorney General Indianapolis, Indiana

IN THE COURT OF APPEALS OF INDIANA

J.W.J., October 24, 2019 Appellant-Respondent, Court of Appeals Case No. 19A-JV-1046 v. Appeal from the Tippecanoe Superior Court State of Indiana, The Honorable Appellee-Petitioner Faith A. Graham, Judge Trial Court Cause No. 79D03-1901-JD-6

Vaidik, Chief Judge.

[1] J.W.J. was adjudicated a delinquent for committing what would be two counts

of Level 3 felony rape and two counts of Level 6 felony strangulation if

Court of Appeals of Indiana | Memorandum Decision 19A-JV-1046 | October 24, 2019 Page 1 of 3 committed by an adult. Before the dispositional hearing, J.W.J. underwent a

psycho-sexual assessment with a therapist at Families United, Inc., who

recommended that he be placed in a residential facility because he refused to

admit to the offenses, which the community-based program at Families United

required. The probation department agreed and recommended that J.W.J. be

placed on probation and sent to Pierceton Woods Academy, a residential

facility, as a condition of his probation.

[2] At the dispositional hearing, the juvenile court asked the State if it had any

evidence to present, and the State responded that it only had the probation

department’s recommendation. The court then asked defense counsel if she

had any evidence to present, and defense counsel responded “No,” as J.W.J.

was “in agreement with Probation’s recommendation.” Tr. p. 127. When the

court asked defense counsel to clarify whether J.W.J. was “in agreement with

the recommendation to go to Pierceton Woods,” she said “Yes.” Id. Finally,

the court asked J.W.J.’s mother if she agreed with the probation department’s

recommendation, and she responded “Yes.” Id. at 128. A probation officer

then testified that the probation department recommended Pierceton Woods

because J.W.J. “denie[d] any wrongdoing,” which made a community-based

program like Families United inappropriate. Id. at 129. Notably, defense

counsel did not ask the probation officer any questions or present any evidence

or argument that another option was more appropriate. The court accepted the

probation department’s recommendation.

Court of Appeals of Indiana | Memorandum Decision 19A-JV-1046 | October 24, 2019 Page 2 of 3 [3] J.W.J. now appeals, arguing that the court abused its discretion in placing him

at Pierceton Woods. The State responds that J.W.J. “invited any alleged error

in his placement and consequently cannot seek to take advantage of it on

appeal.” Appellee’s Br. p. 10. We agree with the State. Pursuant to the

invited-error doctrine, a party cannot take advantage of an error he “commits,

invites, or which is the natural consequence of [his] own neglect or

misconduct.” Durden v. State, 99 N.E.3d 645, 651 (Ind. 2018). At the

dispositional hearing, J.W.J. and his mother agreed that he should be placed at

Pierceton Woods and did not present any evidence or argument that another

option was more appropriate. J.W.J. didn’t address these crucial facts in his

brief or file a reply brief to respond to the State’s invited-error argument. We

therefore affirm the juvenile court.

Affirmed.

Riley, J., and Bradford, J., concur.

Court of Appeals of Indiana | Memorandum Decision 19A-JV-1046 | October 24, 2019 Page 3 of 3