COA reverses modification of juvenile's probation

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The Indiana Court of Appeals reversed the order to send a juvenile to prison because the state didn’t present any evidence to support alleged probation violations to justify the placement modification.

In M.T. v. State of Indiana, No. 49A04-0908-JV-484, M.T. argued that allowing the state to remove a juvenile from probation and send him to the Department of Correction without submitting evidence wouldn’t be allowed for adults and doesn’t satisfy any due process requirement fairly applied to juveniles. M.T. was on probation and ordered to complete treatment in Kokomo Academy as a condition of probation. The state alleged probation violations, but at a hearing failed to present any evidence of the violations. The court ordered M.T. committed to the DOC.

Allowing a modification like the one in M.T.’s case violates due process, ruled the appellate court. Although Indiana Code Section 31-37-22-3 doesn’t explicitly define the type of hearing required, basic due process principles should require an evidentiary hearing, wrote Judge Melissa May.

The state argued the statute allows for modification after anyone files a motion, but offered no explanation as to why presentation of evidence isn’t necessary.

“…we decline its invitation to hold a juvenile waives due process protections merely by reciting to the court the substance of a controlling statute,” wrote the judge.

The state claimed the requirement it present some evidence of a juvenile’s wrongdoing before removing his probation and sending him to the DOC is contrary to statute and inconsistent with the juvenile court’s great flexibility in its oversight of juveniles. The state also argued it offered sufficient evidence of M.T.’s probation violation, but its argument is based only on an information regarding the alleged violations. The state didn’t present any evidence to support those allegations.

“While the statute does not explicitly define the type of hearing required, basic due process principles and case law precedent lead us to conclude a trial court may not modify a juvenile’s disposition without a hearing at which the State presents evidence supporting the allegations listed in the revocation petition,” wrote Judge May.


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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.