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COA: Theft and auto theft adjudications didn’t violate single larceny rule

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A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.

The youth burglarized an Indianapolis home and stole a Chevy Avalanche truck and several personal items including a handgun, iPod and television. He was adjudicated a delinquent for burglary, which would be a Class B felony if committed by an adult; theft, which would be a Class D felony if committed by an adult; auto theft, which would be a Class D felony if committed by an adult; and resisting law enforcement, which would be a Class A misdemeanor if committed by an adult.

On appeal in J.R. v. State of Indiana, 49A05-1204-JV-175, J.R. cites Stout v. State, 479 N.E.2d 563 (Ind. 1985), to argue his true findings for theft and auto theft cannot stand. In Stout, the court ruled that a defendant could not be charged with multiple violations of the same theft statute.

“But here, true findings were made as to theft and auto theft, which are different offenses and violations of different statutes. We conclude that the crimes of theft and auto theft are distinct offenses, and J.R.’s true findings for both offenses did not violate the single larceny rule,” Judge James Kirsch wrote in affirming the Marion Superior Court ruling.

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. 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!!!

  3. 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?

  4. 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?

  5. 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.

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