ILNews

Juvenile entitled to separate hearing

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals reversed a juvenile court judgment after ruling the court improperly incorporated the record of a child hearsay hearing into the fact-finding hearing.

In L.H. v. State of Indiana, No. 49A04-0701-JV-45, L.H. appealed his conviction in juvenile court of child molesting, a Class C felony if committed by an adult, and battery, a Class B misdemeanor if committed by an adult. In 2006, the then 12-year-old was accused of inappropriately touching his 8-year-old cousin, A.H., over the course of four years. A.H. was taken to the Child Advocacy Center where a videotaped interview about these allegations took place.

A fact-finding hearing on the child molesting and battery charges was scheduled for November 2006. Prior to that hearing, the state filed a Child Hearsay Notice to notify L.H. it planned to introduce out-of-court statements by A.H., including the videotaped interview, and requested a hearing for determining the admissibility of this evidence pursuant to Indiana Code 35-37-4-6.

At the November hearing, the state introduced evidence, including the videotaped interview. Both the state and L.H. referred to the hearing at several points as the child hearsay hearing. The state moved for the admissibility of the hearsay statements presented during the hearing and to incorporate all the testimony and evidence entered. L.H. objected and the court granted the state's motions. It then invited arguments for the fact-finding portion of the hearing and made true findings on the child molesting and battery allegations.

L.H. appealed the juvenile court finding, contending the requirements of the child hearsay statute were not met and that incorporation denied him a fair trial.

The appellate court found there was no agreement between the two parties to incorporate, and L.H. objected several times to the incorporation. L.H. was entitled to have a fact-finding hearing at which procedural safeguards and evidentiary rules are observed, wrote Judge Margret Robb, and incorporating the testimony from a preliminary hearing on an evidentiary matter denied L.H. the hearing to which he is entitled. The majority of judges reversed the juvenile court's true findings and remanded for a fact-finding hearing.

Judge James Kirsch dissented, ruling L.H. failed to show he was prejudiced from the court incorporation of evidence from the child hearsay hearing into the fact-finding hearing. Judge Kirsch wrote he didn't see any procedural safeguards or evidentiary rules that weren't followed, and L.H. didn't bring any up in his brief. He wrote he would affirm the trial court in all respects.
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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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