T D v. State of Indiana

Summary

The Indiana Supreme Court held that a juvenile delinquency adjudication entered after the trial court failed to comply with the juvenile-waiver statute is voidable, not void, so relief is unavailable under Trial Rule 60(B)(6). The juvenile was nevertheless entitled to equitable relief under Trial Rule 60(B)(8) because he made a prima facie showing that the required waiver was not secured or confirmed and the State presented no evidence establishing a valid waiver. The court reversed and remanded for a new admission hearing or fact-finding proceeding.