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Justices reverse determinate commitment

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In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.

The justices cited their recent decision in D.C. v. State, 958 N.E.2d 757, 761 (Ind. 2011), to reverse A.T.’s determinate commitment. A.T. was ordered by a juvenile court to both a determinate and indeterminate commitment to the DOC, but he only appealed his determinate commitment. The Indiana Court of Appeals affirmed.

His determinate commitment was imposed under Indiana Code 31-37-19-9(b), which provides that after a juvenile court makes a determination under I.C. 11-8-8-5, a determinate commitment may be imposed for juveniles of certain ages who commit certain crimes. I.C. 11-8-8-5 involves sex and violent offender registrations; A.T. hadn’t been determined to be a sex or violent offender under this section.

The justices in D.C. addressed a similar situation and even though the applicable statutes seemed antithetical to the purposes of the statute, the justices noted they were bound by the clear and unambiguous statutory language.

Because A.T. doesn’t meet the criteria of Section 9, a determinate commitment under that section may not be imposed. In A.T. v. State of Indiana, No. 49S02-1201-JV-26, the justices ordered the trial court to vacate that portion of its order committing A.T. to the DOC until his 18th birthday.

 

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  1. Is this a social parallel to the Mosby prosecutions in Baltimore? Progressive ideology ever seeks Pilgrims to burn at the stake. (I should know.)

  2. The Conour embarrassment is an example of why it would be a good idea to NOT name public buildings or to erect monuments to "worthy" people until AFTER they have been dead three years, at least. And we also need to stop naming federal buildings and roads after a worthless politician whose only achievement was getting elected multiple times (like a certain Congressman after whom we renamed the largest post office in the state). Also, why have we renamed BOTH the Center Township government center AND the new bus terminal/bum hangout after Julia Carson?

  3. 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)

  4. "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! :/

  5. 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!

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