ILNews

Juvenile entitled to separate hearing

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals reversed a juvenile court judgment after ruling the court improperly incorporated the record of a child hearsay hearing into the fact-finding hearing.

In L.H. v. State of Indiana, No. 49A04-0701-JV-45, L.H. appealed his conviction in juvenile court of child molesting, a Class C felony if committed by an adult, and battery, a Class B misdemeanor if committed by an adult. In 2006, the then 12-year-old was accused of inappropriately touching his 8-year-old cousin, A.H., over the course of four years. A.H. was taken to the Child Advocacy Center where a videotaped interview about these allegations took place.

A fact-finding hearing on the child molesting and battery charges was scheduled for November 2006. Prior to that hearing, the state filed a Child Hearsay Notice to notify L.H. it planned to introduce out-of-court statements by A.H., including the videotaped interview, and requested a hearing for determining the admissibility of this evidence pursuant to Indiana Code 35-37-4-6.

At the November hearing, the state introduced evidence, including the videotaped interview. Both the state and L.H. referred to the hearing at several points as the child hearsay hearing. The state moved for the admissibility of the hearsay statements presented during the hearing and to incorporate all the testimony and evidence entered. L.H. objected and the court granted the state's motions. It then invited arguments for the fact-finding portion of the hearing and made true findings on the child molesting and battery allegations.

L.H. appealed the juvenile court finding, contending the requirements of the child hearsay statute were not met and that incorporation denied him a fair trial.

The appellate court found there was no agreement between the two parties to incorporate, and L.H. objected several times to the incorporation. L.H. was entitled to have a fact-finding hearing at which procedural safeguards and evidentiary rules are observed, wrote Judge Margret Robb, and incorporating the testimony from a preliminary hearing on an evidentiary matter denied L.H. the hearing to which he is entitled. The majority of judges reversed the juvenile court's true findings and remanded for a fact-finding hearing.

Judge James Kirsch dissented, ruling L.H. failed to show he was prejudiced from the court incorporation of evidence from the child hearsay hearing into the fact-finding hearing. Judge Kirsch wrote he didn't see any procedural safeguards or evidentiary rules that weren't followed, and L.H. didn't bring any up in his brief. He wrote he would affirm the trial court in all respects.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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