Ort, Matter of
| Decision Date | 23 July 1980 |
| Docket Number | No. 3-380A76,3-380A76 |
| Citation | 407 N.E.2d 1162 |
| Parties | In the Matter of Harry ORT, Appellant (Defendant Juvenile Below). |
| Court | Indiana Appellate Court |
Solomon L. Lowenstein, Jr., Deputy Public Defender, Fort Wayne, for appellant.
Theodore L. Sendak, Atty. Gen., Frank A. Baldwin, Deputy Atty. Gen., Indianapolis, for appellee.
This appeal arises from a finding of delinquency against the juvenile defendant, Harry Ort, in the Allen Superior Court, Family Relations Division. After the close of the evidence, the court found Ort had committed acts, which, if committed by an adult, would be the crimes of resisting law enforcement and fleeing a police officer.
On appeal, defendant argues that the court erred in vacating its own order allowing an appeal bond for Ort. On September 28, 1979 at the disposition hearing, the court set an appeal bond of $1,000 and the defendant was subsequently released on bail. On December 14, 1979, at the hearing on the motion to correct errors, the court revoked Ort's release pending appeal in the following language:
A dilemma is created in this case because, on September 28, 1979, In re Pisello (1973), 155 Ind.App. 484, 293 N.E.2d 228, which the court referred to, was a correct statement of the applicable law. However, by December 14, the law had changed and Pisello must now be re-examined in the context of the new law. The holding in Pisello was based on IC 1971, 35-4-6-1 (Burns Code Ed.) which reads:
"Whenever any person is convicted in any circuit, superior or criminal court of the state of Indiana of any offense, and such person has appealed such cause or desires to appeal the same and has given notice thereof as required by law, such person shall be admitted to bail pending such appeal upon compliance with the provisions of this act: Provided, That this act shall not apply where the sentence is death or imprisonment for life: And, provided, further, That this act shall not apply to any judgment of commitment of any minor to any correctional institution of the state other than the Indiana Reformatory."
The decision in Pisello stated that the right to appeal is a statutory, not a constitutional right. Because the juvenile court is not enumerated in the above-cited statute and because an adjudication of delinquency is not a criminal conviction, the Pisello court determined that the statutory right to bail pending an appeal does not extend to a person adjudged a delinquent in a juvenile court.
This old law was repealed by the Acts of 1979, P.L. 292, § 3 and replaced by IC 1971, 35-4-6-1.5 (1979 Burns Supp.). The new statute became applicable to juvenile proceedings as of October 1, 1979 through IC 1971, 31-6-7-1(a) (1979 Burns Supp.) which requires delinquency proceedings to be governed by criminal trial procedures. The new statute reads:
Although the law has changed, the statutory rights of juveniles, as explained in Pisello, remain unaltered. The new law clearly applies to persons "convicted of an offense" and does not extend to delinquency proceedings in juvenile courts. Therefore, the logic and reasoning of the Pisello decision is still valid and a juvenile adjudged a delinquent does not have a statutory or a constitutional right to bail pending an appeal.
The appellant next challenges the decision of the trial court in committing him to the Indiana Boys'...
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Ex parte D.W.C.
... ... D'Amario, 416 A.2d 137, 140 (R.I. 1980); Estes v. Hopp, 73 Wash.2d 263, 438 P.2d 205, 208-09 (1968); In re Ort, 407 N.E.2d 1162, 1164 (Ind.Ct.App.1980); State v. M.L.C., 933 P.2d 380, 383 (Utah 1997); Baker v. Smith, 477 S.W.2d 149, 152 (Ky. 1971); Doe v ... ...
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... ... Jordan appeals the summary denial without a hearing of his petition for post-conviction relief, and the trial court's failure to refer the matter to the Indiana Public Defender to represent him. We reverse and remand ... In 1965 Jordan, then a juvenile, was adjudged to be a ... Indiana Code section 31-6-7-13; In re Winship (1970), 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368; Matter of Ort (1980), Ind.App., 407 N.E.2d 1162. A juvenile's statement or confession cannot be used against him unless both the juvenile and his parents or ... ...
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