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Judges uphold juvenile's adjudication

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The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.

In D.E. v. State of Indiana, No. 49A02-1103-JV-319, D.E. attempted to rob a person – who turned out to be a police detective – with a rifle.  D.E. was caught and faced several charges, but decided to accept the plea agreement from the state in which he would admit to committing what would be criminal recklessness and dangerous possession of a firearm in exchange for the other charges being dropped. After a two-day continuance to allow D.E. and his parents time to consider the plea agreement, D.E. and his attorney signed it, but D.E.’s parents did not. D.E. was sentenced to placement in the Department of Correction until he turned 21 or until he completed all required programs.

D.E. argued that his parents’ rights were thwarted by Indiana Code 31-32-5-1, which allowed D.E.’s attorney to waive the teen’s right to a fact-finding adjudication. But the appellate court disagreed, finding his parents had ample time to consider the agreement and attended the hearings. Both parents also said they understood the implications of the waivers in the plea agreement.

“D.E. has not demonstrated the waivers in his plea agreement did not comport with Ind. Code § 31-32-5-1. It is undisputed that D.E. and his counsel signed the plea agreement, which is sufficient to satisfy the statute. D.E. has not alleged he involuntarily or unknowingly entered into the agreement. Accordingly, we affirm the trial court’s acceptance of D.E.’s plea agreement,” wrote Judge Melissa May.

The judges also upheld the disposition placing D.E. in a juvenile correctional facility in the DOC instead of a less restrictive placement. The trial court found previous attempts to rehabilitate D.E. were unsuccessful and D.E. was on probation at the time he attempted to rob the detective. He also violated his probation by testing positive for marijuana and had been suspended or expelled from multiple schools.
 

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  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

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