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Appellate court affirms juvenile committed theft, burglary

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There was sufficient evidence to support the findings that a teenage girl committed what would be burglary and theft if committed by an adult, the Indiana Court of Appeals ruled Friday. The judges overturned the finding she carried a handgun without a license and ordered that the juvenile court correct its dispositional order.

In K.F. v. State of Indiana, No. 49A02-1103-JV-290, K.F. challenged the findings she committed burglary, theft and carried a handgun without a license, arguing that she couldn’t have committed theft or burglary because she was accused of breaking into her own home and stealing items. K.F. ran away from home, so her mother and her mother’s boyfriend changed the locks and garage code, but didn’t change the alarm code. K.F.’s mother put a bag of K.F.’s clothes in the garage. When the two were at work, the house was broken into and electronics, video games, jewelry, firearms and the bag of clothes were taken.

The bag of clothes was later discovered at K.F.’s friend’s house. When K.F. was found by police and taken to the police station, she met in a room alone with her mother before speaking to police. In the room, K.F. admitted that she went to her house on the day of the burglary but said the door was already open, although nothing had been taken. She claimed she went there just to get her belongings.

At a denial hearing, the juvenile court allowed testimony from the police officer who responded to the burglary, where he recounted what the mother had told him about the burglary and items missing. The juvenile court also allowed the mother to testify as to what K.F. told her in the room at the police station.

The appellate court upheld the findings she committed theft and burglary, rejecting K.F.’s arguments that she couldn’t be found to have committed the acts because they involved her own home. The judges did reverse the finding she committed what would be carrying a handgun without a license because the evidence didn’t show she had actual or constructive possession of a gun.

Turning to the admittance of her mother’s testimony, the appellate court affirmed, finding the juvenile waiver statute to be inapplicable because K.F. wasn’t subject to an interrogation when she spoke to her mother. The mother’s statements to police, as testified by the officer, should not have been allowed because they were hearsay, but the admission was a harmless error.

The COA remanded with instructions for the juvenile court to correct the Feb. 23, 2011, dispositional order and chronological case summary entry to accurately reflect the true findings that were entered by the court.

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. 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!!!

  3. 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?

  4. 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?

  5. 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.

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