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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. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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