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Unequal protection and due process claims fail because juvenile was not sentenced

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The Indiana Court of Appeals rejected a teenager’s claim of unequal treatment and violation of his due process rights because he incorrectly referred to the juvenile court’s disposition order as a sentence.

TLC, the teenager, was given home placement and later placed in several youth treatment facilities for his behavioral problems. After he hit his mother and put her in a headlock, the state filed a delinquency petition against him, alleging that he committed the offenses of battery and criminal mischief, both Class B misdemeanors if TLC had been an adult.

The juvenile court subsequently awarded wardship of TLC to the Indiana Department of Correction.

TLC appealed, arguing, in part, that the juvenile court erred in “sentencing him.” He said he received unequal treatment under the law and his due process rights were violated.

The Court of Appeals noted TLC incorrectly asserted he was sentenced. It pointed out that the juvenile court issued a dispositional order rather than a sentence because it provided for treatment rather than punishment.

In regard to TLC’s other claims, the Court of Appeals noted he did not present any evidence supporting his unequal protection and due process rights arguments.

Also, the COA found TLC presented no evidence that he was treated any differently than the other juveniles under similar circumstances, so his equal protection argument fails.

 “In sum, all of TLC’s claims are based on the false premise that TLC received a sentence, which he did not,” Judge John Baker wrote in In the Matter of TLC, a Child alleged to be a Delinquent Child v. State of Indiana, 60A01-1308-JV-377. “Thus, TLC has no sentencing claim on appeal. The juvenile court tried home placement without monitoring, home placement with monitoring, Southwest, Valle Vista, and the Gibault facilities, all before turning to the DOC. For all these reasons, we conclude that the juvenile court’s placement and disposition of TLC was consistent with the logic and effect of the facts and circumstances before it. Thus, TLC’s claim fails.”

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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