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COA finds no error in juvenile adjudication

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The Indiana Court of Appeals has affirmed a juvenile court’s decision to place a minor in a residential treatment center, holding sufficient evidence exists to support the court’s dispositional order.

In A.A.Q. v. State of Indiana, No. 71A03-1105-JV-239, A.A.Q. appeals the juvenile court’s determination that he was a juvenile delinquent for committing an act that would have been Class A misdemeanor trespass if committed by an adult. A.A.Q. claims he did not knowingly and intentionally waive his right to counsel during a plea agreement.

A.A.Q., who was 16 at the time of the incident, had been suspended from Mishawaka High School and ordered to stay off school grounds. He attended a football game at the school and was arrested after he ignored a police officer’s request to leave the premises. He was found in possession of cyclobenzaprine hydrochloride, a controlled substance.

The appeals court held that A.A.Q. and his biological parents did waive his right to counsel, agreeing that A.A.Q. would admit to charges of criminal trespass for dismissal of a runaway allegation. The court also held that A.A.Q.’s placement in the juvenile facility Youth Village was not inappropriate, based on his defiant behavior and his mother’s fear of him. Affirming the juvenile court, the COA wrote that a juvenile court’s dispositional order may be overturned on appeal only for abuse of discretion.


 

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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