K.S. v. State of Indiana (11/1/04 IndCtApp) [Opinion on Rehearing]
Barnes, Judge
The State has filed a petition for rehearing requesting that we reconsider our decision in K.S. v. State, 807 N.E.2d 769 (Ind. Ct. App. 2004). We grant the petition to acknowledge the State’s contentions, but we reaffirm the result reached in our first opinion. * * * We grant the State’s petition for rehearing but reaffirm our original decision, subject to the above comments.Posted by Marcia Oddi at November 1, 2004 02:49 PM
KIRSCH, C.J., concurs.FRIEDLANDER, J., concurs in part and dissents.
I agree with the decision to grant the State’s petition for rehearing, but not for the purpose of clarifying our original decision to reverse the delinquency finding. Rather, I would grant rehearing for the purposes of reversing our earlier decision and affirming the delinquency adjudication in all respects. For the reasons set out in a recent case authored by this writer, I believe the challenge raised here by K.S. was to the juvenile court’s jurisdiction over K.S.’s particular case. See M.B. v. State, No. 49A02-0401-JV-94 (Ind. Ct. App. September 17, 2004). As explained in M.B., the failure to challenge this jurisdictional element at the earliest opportunity waives the issue for appellate review. I would reverse our earlier decision and affirm the juvenile court in all respects.