State ex rel. Duffy v. Lake Juvenile Court, Lake County, 14014
| Docket Nº | No. 14014 |
| Citation | 151 N.E.2d 293, 238 Ind. 404 |
| Case Date | June 19, 1958 |
| Court | Supreme Court of Indiana |
Page 293
v.
LAKE JUVENILE COURT, LAKE COUNTY, Indiana, and Joseph
Meszar, Judge, in a Cause of Action Entitled In the Matter
of David Duffy, Cause No. 14014, in the Lake Juvenile Court,
Sitting at Gary, Indiana, Respondents.
[238 Ind. 405]
Page 294
Max Cohen and L. C. Holland, Gary, for relator.Joseph J. Wasko, East Chicago, for respondents.
BOBBITT, Chief Justice.
Relator, by this action, seeks to compel the Lake Juvenile Court and the Judge thereof to grant a change of venue from the Judge in a certain cause pending in said court entitled, In the Matter of David Duffy, a child under 18 years of age, being Cause No. 14014 in such court. We issued an alternative writ.
Respondents duly filed their return asserting that such change of venue should not be granted for the reason that the motion and affidavit therefor failed to comply with Rule 1-12-B of this court in that the cause of action was set for 'hearing and trial' by respondents on April 22, 1958 and the motion and affidavit for a change of venue herein was filed on April 21, 1958, and failed to show 'how relator discovered the facts showing the cause for a change of venue and * * * failed to show facts why such cause could not have been discovered before by the exercise of due diligence.'
The affidavit for change of venue from the Judge, omitting formal parts, is as follows:
'David Duffey [Duffy] being first duly sworn upon his oath alleges and says that he is the defendant in the above-entitled cause. That he can not have a fair and impartial trial of said cause before the Honorable Joseph A. Meszar on account of the bias and prejudice of said Judge against said defendant, which said bias and prejudice was not discovered until 21st day of April, 1958, and this affidavit was filed immediately upon the discovery of said bias and prejudice, which [238 Ind. 406] prevents the defendant from having a fair and impartial trial.'
Two questions are presented for our determination.
First: Is relator's affidavit sufficient to avoid the provisions of the applicable rule of this court?
Rule 1-12-B of this court, effective January 2, 1956, applies only to a change of venue from the county, 1 hence respondents'
Page 295
answer in justification of the refusal to grant a change of venue from the Judge, as herein requested, is not well taken and is not sufficient to...To continue reading
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Simmons v. State
...McClintock v. Hamilton Circuit Court (1968), 249 Ind. 333, 232 N.E.2d 356, but they are adversarial. State ex rel. Duffy v. Lake Juvenile Court (1958), 238 Ind. 404, 151 N.E.2d 293 and the "hearsay rule" 1 applies in juvenile proceedings. In re Green (1952), 123 Ind.App. 81, 108 N.E.2d One ......
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Gorman v. Northeastern REMC
...court invoked by petition for payment of trust funds filed by party requesting change of venue); State ex rel. Duffy v. Lake Juvenile Court, Lake County (1958), 238 Ind. 404, 151 N.E.2d 293 (jurisdiction of the court invoked by filing of a petition for finding of delinquency); State ex rel.......
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Simpson v. State
...at the time it was made prior to his waiver from Juvenile Court. Ind. Code § 34-2-12-1 (Burns 1975); State ex. rel. Duffy v. Lake Juvenile Court, (1958) 238 Ind. 404, 151 N.E.2d 293. When this same issue was presented to the Circuit Court, Counts II and III were dismissed on the ground that......
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Scott v. Scott
...ex rel. Chambers, supra, is controlling as related to proceedings for change of judge.' See also: State ex rel. Duffy v. Lake Juvenile Ct. et al. (1958), 238 Ind. 404, 151 N.E.2d 293. However, Rule 1-12B, as adopted in 1955, was amended in 1958 and is now applicable for change of judge as w......