ILNews

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. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  2. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  3. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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