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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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