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Judges uphold juvenile's adjudication

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The Indiana Court of Appeals affirmed the acceptance of a minor’s plea agreement that was not signed by either of his parents because the signature of the minor and his attorney on the plea agreement satisfied statutory requirements.

In D.E. v. State of Indiana, No. 49A02-1103-JV-319, D.E. attempted to rob a person – who turned out to be a police detective – with a rifle.  D.E. was caught and faced several charges, but decided to accept the plea agreement from the state in which he would admit to committing what would be criminal recklessness and dangerous possession of a firearm in exchange for the other charges being dropped. After a two-day continuance to allow D.E. and his parents time to consider the plea agreement, D.E. and his attorney signed it, but D.E.’s parents did not. D.E. was sentenced to placement in the Department of Correction until he turned 21 or until he completed all required programs.

D.E. argued that his parents’ rights were thwarted by Indiana Code 31-32-5-1, which allowed D.E.’s attorney to waive the teen’s right to a fact-finding adjudication. But the appellate court disagreed, finding his parents had ample time to consider the agreement and attended the hearings. Both parents also said they understood the implications of the waivers in the plea agreement.

“D.E. has not demonstrated the waivers in his plea agreement did not comport with Ind. Code § 31-32-5-1. It is undisputed that D.E. and his counsel signed the plea agreement, which is sufficient to satisfy the statute. D.E. has not alleged he involuntarily or unknowingly entered into the agreement. Accordingly, we affirm the trial court’s acceptance of D.E.’s plea agreement,” wrote Judge Melissa May.

The judges also upheld the disposition placing D.E. in a juvenile correctional facility in the DOC instead of a less restrictive placement. The trial court found previous attempts to rehabilitate D.E. were unsuccessful and D.E. was on probation at the time he attempted to rob the detective. He also violated his probation by testing positive for marijuana and had been suspended or expelled from multiple schools.
 

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  1. 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!!!

  2. 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?

  3. 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?

  4. 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.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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