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Judges dismiss state’s appeal regarding juvenile delinquency petition

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The Indiana Court of Appeals ruled Wednesday that the state has no statutory right to appeal a juvenile court’s decision to rescind an order approving the filing of a delinquency petition against a teen accused of molesting two children.

I.T. already was adjudicated as a delinquent for committing what would be Class B felony child molesting if committed by an adult when he admitted during a court-ordered polygraph examination to molesting his younger brother and a cousin. He was required as part of his treatment program to undergo the polygraph tests.

I.T.’s statements were reported to the Department of Child Services and police. He was later interviewed by a police detective and admitted to molesting the children. The state then filed a delinquency petition alleging he committed what would be child molesting if committed by an adult. The juvenile court originally approved the filing of the delinquency petition, but later rescinded it after I.T. filed a motion to dismiss.

I.T. argued that the allegations arose from his disclosures during his treatment and they are inadmissible under Indiana Code 31-37-8-4.5. Elkhart Circuit Judge Terry Shewmaker concluded the statute confers immunity with respect to the statements I.T. made during his polygraph test and any evidence gained as a result of those disclosures.

Juvenile law allows for appeals to be taken as provided by law, which incorporates existing law found outside the juvenile code. This includes the procedural rule requiring statutory authorization for the state to appeal in criminal matters. The state may appeal from an order granting a motion to dismiss an indictment or information.

In State of Indiana v. I.T., 20A03-1202-JV-76, the Court of Appeals decided that the juvenile order doesn’t constitute an order granting a motion to dismiss.

“Prior to the commencement of juvenile delinquency proceedings, however, the filing of a delinquency petition must be approved by the juvenile court,” Judge Ezra Friedlander wrote. “It seems evident to us that a juvenile court’s order declining to approve the filing of a delinquency petition under I.C. § 31-37-10-2 is not ‘an order granting a motion to dismiss an indictment or information’ for the purposes of I.C. § 35-38-4-2(1). Rather, a juvenile court’s decision not to approve the filing of a juvenile delinquency petition prevents the initiation of juvenile proceedings in the first place. One cannot dismiss a proceeding that was really never commenced to begin with.”

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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