from the Marion Superior Court. The Honorable Marilyn A.
Moores, Judge. The Honorable Gary Chavers, Magistrate. Cause
Nos. 49D09-1509-JD-1749, 49D09-1510-JD-1799
Attorneys for Appellant Curtis T. Hill, Jr. Attorney General
Ellen H. Meilaender Deputy Attorney General Indianapolis,
Attorney for Appellee Deborah Markisohn Marion County Public
Defender Agency Indianapolis, Indiana
Sharpnack, Senior Judge
of the Case
In this interlocutory appeal, the State of Indiana challenges
the juvenile court's denial of the State's petition
for the court to waive jurisdiction over C.K. in two cases.
We reverse and remand with instructions.
The State raises one issue, which we restate as: whether the
juvenile court erred in denying the State's petition for
the court to waive jurisdiction over C.K. and transfer two
cases to adult court.
and Procedural History
This appeal involves two juvenile cases but is also related
to a criminal case, and we set forth the circumstances of
each case in turn. On September 7, 2014, C.K., a
fifteen-year-old, allegedly broke into Robert West's
dwelling and stole his property, acts that would constitute
Level 4 felony burglary and Level 6 felony theft if committed
by an adult. C.K. left the scene and was not identified at
the time, but the State alleges that he left fingerprints
behind. These events later led to juvenile Cause Number
Next, on September 29, 2014, C.K., who was still fifteen
years of age, allegedly participated in the beating of Caleb
Burgess and the theft of his property, an act that would
constitute Level 3 felony robbery if committed by an adult.
C.K. left the scene and was not identified at the time, but
he allegedly left fingerprints behind. These events later led
to juvenile Cause Number 49D09-1510-JD-1799
On September 5, 2015, after C.K. turned sixteen, he and
several companions robbed a pizza delivery person. On
September 10, 2015, the State placed C.K. in the Marion
County Jail and charged him with two counts of robbery, both
Level 3 felonies, in Cause Number 49G03-1509-F3-32250
("F3-32250"). The State took C.K.'s
fingerprints and entered them in an unsolved crimes database,
which allegedly indicated that C.K.'s fingerprints
matched fingerprints found at the scenes of the incidents
that occurred on September 7 and 29, 2014. The State
investigated further and found additional evidence that
allegedly tied C.K. to those incidents.
The State referred the matters arising from C.K.'s
alleged acts on September 7 and 29, 2014, to the juvenile
court, which opened Cause Numbers JD-1749 and JD-1799,
respectively. The juvenile court's chronological case
summary shows that on September 24, 2015, the juvenile court
issued a detention order for C.K. in JD-1749, directing that
a "juvenile hold" be placed on him. Appellant's
Appendix Vol. 2, p. 7. In the order, the juvenile court
acknowledged that C.K. was "presently in Marion County
Jail on an armed robbery charge." Id. at 19.
The court further ordered that a copy of the juvenile hold
should be sent to "Marion County Jail Records."
Id. at 20. Finally, the court scheduled a detention
order review for October 29, 2015, and directed C.K., his
parent or guardian, and counsel for both sides to appear.
On October 29, 2015, the juvenile court issued an order in
JD-1749 and JD-1799, noting that no one appeared for the
scheduled hearing. The court ordered that the juvenile hold
would remain in effect and appointed a public defender to
represent C.K. in both cases. In addition, the court