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Adjudications don't violate double jeopardy

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The Indiana Court of Appeals affirmed that double jeopardy violations can be applicable to juveniles, but denied reversing a girl's adjudications because there were no violations in her case.

In H.M. v. State of Indiana, No. 49A02-0707-JV-576, H.M. challenged that her adjudications for attempted theft and battery constitute double jeopardy because the same evidence of her grabbing another girl's necklace was used to support both true findings.

The state argues there can't be a double jeopardy violation in this case because double jeopardy doesn't apply to juvenile proceedings where there is only one finding of delinquency and disposition. The state wanted the Court of Appeals to revisit its decision in D.B. v. State, 842 N.E.2d at 403, in which the state had the same argument; the appellate court declined to revisit D.B.

Double jeopardy prohibitions are applicable to juvenile proceedings because even though the court may issue one delinquency disposition relating to multiple true findings, there may be penal consequences later in life for the offender relating to those multiple offenses, wrote Judge Nancy Vaidik.

However, in the instant case, H.M.'s adjudications aren't subject to the double jeopardy prohibition because there is evidence H.M. battered the girl and caused her pain separate from just pulling on her necklace, wrote the judge. Under the actual evidence test, H.M.'s true findings for attempted theft and battery don't constitute double jeopardy.

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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