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Justices reverse determinate commitment

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In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.

The justices cited their recent decision in D.C. v. State, 958 N.E.2d 757, 761 (Ind. 2011), to reverse A.T.’s determinate commitment. A.T. was ordered by a juvenile court to both a determinate and indeterminate commitment to the DOC, but he only appealed his determinate commitment. The Indiana Court of Appeals affirmed.

His determinate commitment was imposed under Indiana Code 31-37-19-9(b), which provides that after a juvenile court makes a determination under I.C. 11-8-8-5, a determinate commitment may be imposed for juveniles of certain ages who commit certain crimes. I.C. 11-8-8-5 involves sex and violent offender registrations; A.T. hadn’t been determined to be a sex or violent offender under this section.

The justices in D.C. addressed a similar situation and even though the applicable statutes seemed antithetical to the purposes of the statute, the justices noted they were bound by the clear and unambiguous statutory language.

Because A.T. doesn’t meet the criteria of Section 9, a determinate commitment under that section may not be imposed. In A.T. v. State of Indiana, No. 49S02-1201-JV-26, the justices ordered the trial court to vacate that portion of its order committing A.T. to the DOC until his 18th birthday.

 

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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