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COA judge issues 8-page criticism of trial court missteps

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The Indiana Court of Appeals has reversed a juvenile court’s order of restitution, stating the court failed to investigate the young man’s ability to pay, and that the damage amount could not be determined to be reasonable. Judge Melissa S. May agreed with the majority, but wrote an eight-page separate opinion stating that the trial court’s many errors – including the omission of key pieces of evidence – hampered the COA’s ability to perform its review of the case.

In J.H. v. State of Indiana, No. 49A02-1005-JV-560, the state dropped a criminal mischief allegation when the juvenile defendant pleaded guilty to unlawful residential entry. The teen had tried to enter a neighbor’s home without permission and, in doing so, had damaged the door.

The neighbor had presented two estimates for repair – a first estimate of $1,000 and a second for $1,117.65. The estimates were not submitted to the defense, did not show the cost of materials and labor, and were not entered into evidence. The defense challenged the validity of the estimates and requested a dispositional hearing to question the first contractor about his estimate, but he did not appear for the hearing. The appeals court held the juvenile court failed to recognize that it is the state’s burden to prove the validity of the estimates.

In her separate opinion, Judge May wrote about the lack of completeness of the record. In a footnote, she wrote about the missing repair estimates: “If something is purported to be ‘evidence’ to establish an amount being claimed for restitution, the party seeking to use it should ensure it can be provided to the court and opposing counsel. Counsel presumably could have found a copy machine.”

She said the clerk had obviously failed to provide the documents necessary for the counsels to prepare their briefs. She also questioned why the victim’s impact statement – which had been scanned into the court’s case management system – was not part of the record on appeal.

In summary, Judge May wrote, “While I concur with the majority’s result, our decision must be read in light of the procedural missteps by trial counsel, the clerk, the trial court, and appellate counsel, as I have noted herein. These issues are not unique to this case, and are troubling when liberties are at stake.”

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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