C. B. v. State of Indiana - 4/8/13

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Monday  April 8, 2013 
11:00 AM  EST

11 a.m. 49A04-1207-JV-379. In March 2012, C.B. was alleged to be a delinquent child for committing what would have been battery if committed by an adult. One month later, the State and C.B. entered into a delinquent child admission agreement whereby the State dismissed the delinquency petition in a different cause for C.B.’s admission in the instant one. Also, if C.B. did not violate the terms of the agreement for 90 days, the State would dismiss the immediate petition. Six days later, C.B. was arrested for battery. A petition was filed for this offense but subsequently dropped. C.B. argued that because the petition had been dropped, the State failed to establish probable cause that she had violated her admission agreement. The State argues that this court lacks jurisdiction, because C.B.’s admission agreement is not a final judgment.

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