ILNews

COA finds fundamental error in juvenile case, again

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In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals today found the state violated a juvenile’s right to counsel at her detention hearing.

Juvenile A.S. was detained in October 2008 on suspicion of battery. At her detention hearing the next day, no witnesses were sworn in and no evidence was heard. She and her mother signed a document that the trial court apparently treated as a waiver to a number of rights, including A.S.’s right to counsel. The magistrate never asked if A.S. wanted legal representation or counsel appointed, nor did the magistrate inform her of the burdens of proceeding pro se.

A.S. had been in trouble before and at that time, she and her mother signed the same waiver. In A.S. v. State, 923 N.E.2d 486, 488 (Ind. Ct. App. 2010), the appellate court ruled A.S.’s alleged waiver of counsel was invalid. She had moved for relief from judgment finding her to be delinquent because she had been adjudicated without counsel and without waiving her right to counsel.

The Court of Appeals found the latest waiver A.S. signed also didn’t comport with constitutional requirements. A.S. was appealing in the instant case that she was denied certain rights at her initial detention hearing, she shouldn’t have been adjudicated as a delinquent because her hearing didn’t take place within 60 days, and she wasn’t tried by a jury.

The state argued against the appellate court addressing the merits of the violation because A.S. didn’t raise the claim and it’s moot because she’s no longer detained.  

The Court of Appeals in A.S. v. State of Indiana, No. 10A01-0908-JV-423, ruled A.S.’s constitutional claim wasn’t waived due to fundamental error because she was not adequately informed of her right to counsel. The appellate judges decided to consider A.S.’s constitutional right because it reflects a question of great public importance and the issue is likely to recur. They found her initial detention was improper because the court didn’t get a constitutionally sufficient waiver of counsel from her and didn’t allow her to present evidence or confront witnesses.

The judges rejected her argument that her hearing didn’t happen within the required 60 days. Her hearing happened 90 days after she was initially detained. Every Saturday, Sunday, and holiday during that period should be excluded from calculation, which then puts A.S.’s hearing held within the 60-day period. In addition, A.S. did not have a right to trial by jury.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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