ILNews

Mom’s conviction due to child’s school absences upheld

Jennifer Nelson
August 30, 2012
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The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.

Dana Young’s child, M.D. had nine unexcused absences and six or seven tardies during the 2010-2011 school year. School counselors and both schools M.D. attended during that year attempted to contact Young about the absences. Young complained to school officials they wanted her “to be a superwoman” and that M.D. missed school one day because they overslept and M.D. missed the bus.

She was charged in June 2011 with the Class B misdemeanor. On Aug. 4, 2011, she signed a written advisement of her rights, which included her right to a jury trial. She did not request one within 10 days of the start of her trial as required by Indiana Rule of Criminal Procedure 22, which governs misdemeanors. A bench trial was conducted, and she was convicted.

Young argued that since she was charged with a misdemeanor that arose from an offense in the juvenile code, Indiana Code 31-32-6-7(b) should apply instead of Criminal Rule 22.

“Young, however, provides no authority supporting her position that Criminal Rule 22 does not apply to criminal misdemeanor charges arising from offenses set forth in the juvenile code, and we find none. Because Young was charged with a misdemeanor criminal offense, we conclude that Criminal Rule 22 applies to the instant matter,” Judge Cale Bradford wrote in Dana Young v. State of Indiana, 49A02-1201-JM-18.

Young failed to request a jury trial after indicating she understood the time limitations set forth in the advisement of her rights, so she effectively waived her right to a jury trial, the judges held.   

 

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  1. 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.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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