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CJ: Most players in appeals acting responsibly

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Juvenile Justice

The Indiana Supreme Court denied transfer to a case in which a juvenile delinquent was placed in an Arizona facility over the objections of the Department of Child Services. The order also included a strongly worded explanation from the court’s chief justice that he would “smack down” judicial overreaching or overspending.

The DCS filed a petition to transfer jurisdiction pursuant to Indiana Appellate Rule 14.1, which allows for expedited appeal of certain juvenile matters. On Aug. 10, the Indiana Court of Appeals upheld the placement of D.S. in an out-of-state facility despite objections from DCS. The appellate court ruled the Madison Superior Court complied with statutes that allow it to place a juvenile in a non-Indiana facility.

A recent change in one of those statutes now shifts the burden of paying for those facilities from DCS to counties.

The justices unanimously denied transfer, with Chief Justice Randall T. Shepard expounding on the denial of the second case to reach them under the new “rocket docket.”

The first case dealt with how quickly a child should be moved from placement with a relative living in Indiana to placement with the mother in another part of the state. The courts found it to be best for the child to finish the school year with the relative, then move.

“It hardly seemed the stuff of runaway trial judge spending,” wrote the chief justice about the first case. He noted the trial judge in the case of D.S. has been appealed for choosing the least expensive placement.

The DCS wanted the judge to be ordered to place D.S. in an Indiana facility, which would cost at least 50 percent more per day than the Arizona facility. Everyone involved in the case, except DCS, believe the Arizona facility is the best one for the child, which is the point of government intervention, Chief Justice Shepard noted.

“I stand fully ready to smack down anything that even sniffs of judicial overreaching or overspending,” he continued. “But if the appeals we have seen so far represent the worse instances of attacks on the public fisc, it suggests to me that judges, prosecutors, probation departments, and guardians are acting very responsibly.”

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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