Judges dismiss state’s appeal regarding juvenile delinquency petition

Back to TopCommentsE-mailPrintBookmark and Share

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 The juvenile court originally approved the filing of the delinquency petition, but later rescinded it after I.T. filed a motion to dismiss.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.”


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"