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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. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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