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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. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

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