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Juvenile reversal sets new conditional admissions standard

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A Court of Appeals panel on Tuesday reversed a ruling in a juvenile case and set a new standard for how juvenile judges must handle conditional admission agreements when probable cause is disputed.

C.B., an 11-year-old girl, entered into a conditional admission agreement in which she admitted to what would have been Class A misdemeanor battery if committed by an adult for striking younger children. The state dropped a separate delinquency petition. If she didn’t reoffend within 90 days, C.B.’s remaining petition also would be dismissed. If she violated the agreement, her case would move immediately to disposition.

When the state filed probable cause for another alleged instance of battery, witnesses to that alleged offense could not attend the hearing, so the state dropped the petition. The trial court nevertheless moved to disposition, which the Court of Appeals ruled was error.
 
“We conclude that before a juvenile court can determine that a conditional admission agreement has failed based upon probable cause that a new offense has been committed, the juvenile court must independently find probable cause instead of merely relying on the probable cause finding that authorized the filing of the delinquency petition,” the majority ruled in C.B. v. State of Indiana, 49A04-1207-JV-379.

“Additionally, a juvenile must be given a meaningful opportunity to challenge the existence of probable cause. Here, because the juvenile court relied solely on the finding of the probable cause that supported the filing of the new delinquency petition, and C.B. was not given a meaningful opportunity to challenge probable cause, we reverse.

“The only evidence presented indicated that the incident did not occur. To be clear, we are not saying that anytime a juvenile presents evidence that tends to negate probable cause, a juvenile court must grant a motion to reconsider probable cause,” Judge John Baker wrote in an opinion joined by Judge Patricia Riley. “However, under these facts and circumstances where the only evidence indicates a lack of probable cause, it is error to deny a motion to reconsider probable cause.”

Judge Michael Barnes concurred in a separate opinion that said the facts of C.B.’s case should be considered without imposing such broad conditions. “I think the language used by the majority could be construed too broadly. I respectfully believe we must be careful not to overreach and that we should limit our holding to the particular facts of this case,” Barnes wrote.
 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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