J.M. v. State, 2025 Ind. LEXIS 541 (Ind. 2025)

The concurring opinion of the Indiana Supreme Court outlines the standard for youth defense counsel under the 14th Amendment and offers the following language.

“A juvenile‘s right to the effective assistance of counsel is the same right an adult enjoys for criminal prosecutions, and juveniles enjoy the right for the same reasons as adults: “The juvenile needs the assistance of counsel to cope with problems of law, to make skilled inquiry into the facts, to insist upon regularity of the proceedings, and to ascertain whether he has a defense and to prepare and submit it.” Gault, 387 U.S. at 36 (footnote omitted); see also Powell v. Alabama, 287 U.S. 45, 69, 53 S. Ct. 55, 77 L. Ed. 158 (1932) (“Even the intelligent and educated layman has small and sometimes no skill in the science of law.”). Since we’re securing the same right for the same reasons, we should apply the same standard.”