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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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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