ILNews

Appellate court affirms juvenile committed theft, burglary

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My name is joan, I live in United kingdom..I am here to say a big thank you to Dr odun for helping me and making me smile again, after reading a lot of testimonies about Dr odun i wrote him and told him to help me restore my marriage as my home have been scattered for 3yrs now, He replied my email and told me to send my pic and my husband pic and some other things, which i did and he said he will be done in 48hrs, with hope i slept and on the 3rd day Nathaniel called me and asked if i could pack my things to his place and forgive him, i was shocked and this is how dr odun helped me in restoring my. home Contact him: drodunhealinghome@aol.com or his website on drodunhealinghome.webs.com

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

ADVERTISEMENT