ILNews

COA: 6th Amendment not violated in juvenile murder case

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has found that a juvenile court did not abuse its discretion in waiving a 15-year-old boy’s murder trial to adult court and that Indiana’s juvenile waiver statute does not violate the Sixth Amendment.

On August 22, 2008, Martin Villalon chased down 15-year-old John Shoulders and fatally shot him because Villalon believed Shoulders was a Vice Lord gang member. Villalon, who was also 15 at the time, was waived to adult court in 2009 following a hearing in juvenile court. He was charged with murder, and a jury trial found him guilty as charged. On July 26, 2010, the trial court sentenced him to 60 years in prison.

In Martin A. Villalon, Jr. v. State of Indiana, No. 45A03-1010-CR-544, Villalon appealed his conviction and sentence. He raised several issues for review, including the claim that Indiana’s juvenile waiver statute is unconstitutional because it deprives juveniles of a Sixth Amendment right to have a jury determine facts supporting enhanced punishment for an offense.

Villalon argued that, because his trial in adult court greatly increased his punishment, he was entitled to have a jury determination of facts supporting the enhancement. In support of that argument, Villalon cited Apprendi v. New Jersey, 530 U.S. 466, 490 (2000), which set forth the general rule that “any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury.”  However, more recently in Oregon v. Ice, 555 U.S. 160, 129 S.Ct. 711, 714 (2009), the United States Supreme Court declined to extend the Apprendi rule in the context of consecutive versus concurrent sentencing, holding that Apprendi did not apply to concurrent or consecutive sentencing in which the jury had traditionally played no role.

The appeals court held that the Sixth Amendment right to a jury trial does not apply to juvenile proceedings, and that Villalon had not proved that the Indiana juvenile statute violates that amendment. Villalon also failed to establish that his waiver to adult court lacked evidentiary support for the statutory prerequisites, and he failed to demonstrate ineffectiveness of trial counsel or reversible error in the admission of evidence or the conduct of the trial. In light of Villalon’s character and previous criminal history, the court held that his 60-year sentence is not inappropriate.

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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. 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

  4. 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

  5. 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.

ADVERTISEMENT