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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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