ILNews

COA finds fundamental error in juvenile case, again

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT