Duty v. State, 1--1175A204

• Decision Date: 30 June 1976
• Docket Number: No. 1--1175A204,1--1175A204
• Parties: Willard DUTY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below),
• Court: Indiana Appellate Court

Page 729

349 N.E.2d 729

169 Ind.App. 621

Willard DUTY, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below),

No. 1--1175A204.

Court of Appeals of Indiana, First District.

June 30, 1976.

Harriette Bailey Conn, Public Defender, David P. Freund, Bobby Jay Small, Deputy Public Defenders, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Joseph J. Reiswerg, Deputy Atty. Gen., Indianapolis, for appellee.

LYBROOK, Judge.

Defendant-appellant Duty, brings this appeal from his conviction in the Hendricks Superior Court, for the offense of escape from lawful detention. Duty contests the propriety of the procedure in the Hendricks Circuit Court, sitting as a juvenile court, waiving juvenile jurisdiction over him and ordering him to stand trial as an adult. We reverse for the reason that the juvenile court failed to obtain original jurisdiction over Duty.

Our appellate courts have repeatedly outlined the procedural steps which must be taken by the juvenile court to properly obtain jurisdiction. Hicks v. State (1967), 249 Ind. 24, 230 N.E.2d 757; Summers v. State (1967), 248 Ind. 551, 230 N.E.2d 320; Seay v. State (1975), Ind.App., 337 N.E.2d 489; Ingram v. State (1974), Ind.App., 310 N.E.2d 903; Shupe v. Bell (1957), 127 Ind.App. 292, 141 N.E.2d 351.

The statutory procedures were specifically enacted to implement the Juvenile Act's purpose of providing care, guidance and control as would best serve the child's welfare. IC 1971, 31--5--7--1 (Burns Code Ed.).

With this purpose in mind, our Supreme Court in Summers, supra, restated the statutory steps which must be followed. First, the Juvenile Court must be presented with a petition requesting that the child be declared a delinquent. IC 1971, 31--5--7--7 (Burns Code Ed.). This petition may be submitted by any person, requesting the court to act. Secondly, the court must conduct a preliminary investigation into the home and environmental situation of the child, his previous history and the circumstances of the condition alleged. Thirdly, the court must determine whether it will take jurisdiction. Finally, if jurisdiction is obtained, then the court must authorize the probation officer to file a formal petition of delinquency. IC 1971, 31--5--7--8 (Burns Code Ed.). Unless jurisdiction is obtained in this manner, no jurisdiction is established. Summers, supra.

In the instant case, there was a petition requesting the court to declare Duty a delinquent. The court then sent notice of the hearing on the delinquency petition, but instead of investigating the factors mandated by the statute, the court conducted a waiver hearing and determined that it would take the matter of waiver under advisement. Subsequently, the court received a report of misconduct by Duty at the Indiana Boys School and summarily waived Duty to the Criminal Court.

To reiterate the required procedure, we need only make reference to our recent decision in Seay, supra, which graphically portrayed the necessary steps of obtain jurisdiction.

'In passing on a challenge to juvenile jurisdiction this court considers the following to be essential documents: (1) the petition praying Seay be found delinquent, (2) the record of the pre-petition investigation, (3) the order of the Juvenile Court directing the probation...