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. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

ADVERTISEMENT