State of Indiana v. I.T. - 12/5/13

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Thursday  December 5, 2013 
10:30 AM  EST

10:30 a.m. 20S03-1309-JV-583. I.T. was adjudicated delinquent and placed on probation for an act that would constitute child molesting if committed by an adult. As part of his probation, I.T. was required to participate in a treatment program and submit to polygraphs. During one of these polygraphs, I.T. disclosed additional acts of molestation against other children. The State sought to file a new delinquency petition against I.T. based on these newly-disclosed acts. The juvenile court entered an order effectively barring the State from pursuing a new petition. The Court of Appeals dismissed the State’s appeal, holding sua sponte that the State lacked the statutory right to appeal. State v. I.T. , 986 N.E.2d 280 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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