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Statute doesn't authorize dismissal of charges

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Even if the Indiana Court of Appeals concluded the trial court violated statute by failing to set a juvenile delinquency hearing within the 60-day time limit, the appellate court doesn't believe the statute authorizes dismissal of the charges as the defendant argues.

In J.D. v. State of Indiana, No. 49A05-0901-JV-40, J.D. argued under Indiana Code Section 31-37-11-2(b), his charges for committing what would have been Class D felony theft and Class B misdemeanor criminal mischief if committed by an adult should have been dismissed because his hearing wasn't set until after a 60-day timeframe within the statute.

Section 2(b) says if a child is not in detention and a petition has been filed, a hearing must be commenced not later than 60 days, excluding weekends and legal holidays, after the petition is filed.

After the state filed the petition Aug. 11, 2008, that J.D. was a delinquent child, he was released to his parents on supervised home release. He was later placed with the Indiana Department of Correction in another cause. At a Sept. 8 conference, a denial hearing was scheduled for Dec. 2; J.D. didn't object to the date, which was more than 60 days after the petition was filed.

The Court of Appeals compared Section 2(b) to the speedy-trial provisions of Indiana Criminal Rule 4(C), using caselaw on the rule to help interpret the subsection. Because J.D. didn't object to the hearing set outside a 60-day time limit, he waived his rights under Indiana Code Section 31-37-11-2(b), the appellate court determined.

Even if he didn't waive his rights, it isn't clear under the statute that a dismissal would be warranted. The only section of Indiana Code Chapter 31-37-11 that calls for discharge is Section 9, which isn't applicable in the instant case. Section 7 says if the court fails to meet the applicable time limits, a child in detention will be released to a parent or guardian.

But when a child isn't in detention, Section 7 is silent. However, that doesn't mean a violation of 2(b) requires outright dismissal.

"To the contrary, we fail to see why dismissal would be inappropriate for a child who is in detention, but somehow appropriate for a child who is not," wrote Judge Paul Mathias. "Without clear statutory authorization, we cannot say that a violation of the sixty-day limit of Section 2(b) required the trial court to dismiss the allegations that J.D. was a delinquent child."

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. 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

  5. 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.

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