25 results for 'cat:"Jurisdiction" AND cat:"Juvenile Law"'.
J. Trotter finds that the juvenile court properly waived its jurisdiction over the juvenile and transferred the case to criminal court. The juvenile challenges the finding that his "remaining in the juvenile justice system would not adequately protect the welfare of the community." However, the court concludes that the evidence sufficiently supported the transfer decision, as previous attempts at rehabilitation had failed. Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: August 8, 2024, Case #: 11-24-00093-CV, Categories: Civil Procedure, jurisdiction, juvenile Law
J. Spain finds that the juvenile court erred in waiving jurisdiction and transferring the individual to criminal court for charges of aggravated sexual assault. The evidence does not support the finding that "it was not practicable" to proceed in juvenile court before the individual's eighteenth birthday. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: July 23, 2024, Case #: 14-23-00802-CV, Categories: jurisdiction, juvenile Law
J. Zimmerer dismisses the appeal of the denial of appellant's pretrial application for a writ of habeas corpus in which he challenged the constitutionality of section 22.021 of the Penal Code. Appellant was 13 at the time he committed the offense of aggravated sexual assault of a child under age fourteen. There is no jurisdiction to consider the constitutional complaints since appellant "entered a plea of guilty and was adjudicated pursuant to an agreement with the state."
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: July 23, 2024, Case #: 14-18-00807-CV, Categories: jurisdiction, Habeas, juvenile Law
J. Bishop finds the district court properly denied defendant’s motion to transfer her case to the juvenile court. 15 years old at the time of the stabbing murder of her grandfather, defendant admitted to planning the murder with her boyfriend, then 16. Though defendant’s cognitive functioning may have been impaired by chemotherapy as a young child and may have been affected by her perception of a difficult home life that was exacerbated by her relationship with her boyfriend, the murder indicates psychological issues that the juvenile court cannot properly address in terms of rehabilitation due to the limited time remaining on its jurisdiction. The district court’s analysis of the statutory factors is supported by appropriate evidence. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: July 23, 2024, Case #: A-24-215, Categories: juvenile Law, Murder, jurisdiction
J. Williams finds that the lower court properly denied the appellant's request for relief from a "juvenile adjudication and disposition to the Texas Juvenile Justice Department." The appellant fails to establish his judicial bias argument based on the calculation of "jail time credit." Also, there is no merit to his jurisdictional argument or his argument that he was "erroneously denied appointment of habeas counsel." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: July 18, 2024, Case #: 11-24-00005-CV, Categories: Civil Procedure, jurisdiction, juvenile Law
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J. Kennedy finds the court of appeals improperly held that the adult court lacked jurisdiction by the lower court to convict the defendant of conspiracy after the case was transferred from the juvenile court. The juvenile court had probable cause to believe he was a 17-year-old delinquent child that committed burglary, murder and assault, thus leading to the transfer. The adult court said jurisdiction was limited to only the acts charged for probable cause by the juvenile court and a grand jury indicted for murder, robbery, assault and added conspiracy. This court rules the adult court in fact had jurisdiction to convict the conspiracy charge once the case was transferred. The case case is remanded to correct the interpretation of the jurisdictional limits. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: July 17, 2024, Case #: 2024-OHIO-2687, Categories: juvenile Law, Conspiracy, jurisdiction
J. Wise finds that the juvenile court properly waived its jurisdiction and transferred the juvenile's case to criminal district court after he was alleged to have engaged in delinquent conduct for the shooting death of a victim at an apartment complex. There was sufficient evidence to support that there was probable cause the juvenile committed the offense, and this includes surveillance video footage and witness testimony placing him at the apartment complex when the murder occurred. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: June 18, 2024, Case #: 14-23-00969-CV, Categories: Evidence, jurisdiction, juvenile Law
J. Soto finds that a juvenile court did not err when it waived jurisdiction and transferred to criminal district court a child pornography case against a then-minor after determining he was a "sophisticated and mature child" and in considering the "seriousness of the offenses." In waiving jurisdiction and allowing the case to move to adult court, the juvenile court correctly interpreted the law and weighed relevant factors, including its concerns over "how much time remained" to rehabilitate defendant "in light of the nature of the offenses." Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: May 29, 2024, Case #: 08-23-00294-CV, Categories: jurisdiction, juvenile Law
J. May finds that defendant was improperly convicted of child molesting. The juvenile court lost jurisdiction over defendant and his criminal actions when he turned 21, and the criminal court lacked jurisdiction to try him for conduct that occurred when he was a minor. The gap in jurisdiction has been addressed in a new law, but fairness precludes retroactive application to defendant. Reversed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: May 10, 2024, Case #: 23A-CR-330, Categories: juvenile Law, Sex Offender, jurisdiction
J. Stewart finds that the appeals court erroneously determined the trial court lacked jurisdiction over defendant's murder case. Although the juvenile court did not find probable cause to bind over the murder charge to adult court, the complicity to commit murder charge, which was properly bound over, was based on the same set of facts and gave the adult court jurisdiction over all the charges. Additionally, the appeals court erroneously suppressed statements made by defendant to police without an attorney because the interview took place before any criminal proceedings and before the right to counsel attached; furthermore, defendant waived his right to counsel after being read his Miranda rights. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: May 9, 2024, Case #: 2024-Ohio-1752, Categories: juvenile Law, Murder, jurisdiction
J. Wood finds that the trial court improperly adjudicated defendant delinquent and entered a disposition order related to his alleged crime of injury to personal property because the juvenile court counselor did not approve or sign the juvenile petition, divesting this court of jurisdiction. Reversed.
Court: North Carolina Court of Appeals, Judge: Wood, Filed On: May 7, 2024, Case #: COA23-1079, Categories: jurisdiction, juvenile Law
J. Riedmann finds the district court properly denied defendant's motion to transfer his case to the juvenile court. Sufficient evidence supports allegations against the 16-year-old involving his sexual abuse of children, including one younger than 1 year old. Defendant's prior involvement with the juvenile court system, the allegations being made within three months of his return home, the severity of the allegations and the public’s need for protection makes retention in the district court proper. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: April 23, 2024, Case #: A-23-880, Categories: juvenile Law, Sex Offender, jurisdiction
J. Spain finds that the juvenile court improperly waived its jurisdiction and transferred appellant to criminal district court to resolve his aggravated sexual assault charges. There is insufficient evidence to support the finding that "it was not practicable for the state to proceed against appellant in juvenile court before his eighteenth birthday." Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: April 18, 2024, Case #: 14-23-00802-CV, Categories: Evidence, jurisdiction, juvenile Law
J. Wilson finds that the trial court properly transferred the individual from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice's Institutional Division to complete his sentence for felony aggravated robbery. There was no abuse of discretion in the ruling based on the seriousness of the offense and "appellant's prior adjudicated juvenile criminal history." Affirmed.
Court: Texas Courts of Appeals, Judge: Wilson, Filed On: March 28, 2024, Case #: 14-23-00078-CV, Categories: jurisdiction, juvenile Law
J. Johnson finds that the juvenile court properly waived its jurisdiction and transferred the individual's case to criminal district court. There was sufficient evidence to support the finding that "for reasons beyond the control of the state, it was not practicable to proceed in juvenile court before" the individual's eighteenth birthday. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 28, 2024, Case #: 10-23-00337-CV, Categories: Family Law, jurisdiction, juvenile Law
J. Bailey finds in this accelerated appeal that the juvenile court properly waived its jurisdiction over the appellant and transferred the case to criminal court. The lower court did not abuse its discretion with the transfer order. The appellant, who was 16 years old at the time of the hearing, challenges the sufficiency of the evidence supporting the juvenile court's probable cause finding, but the state "offered numerous exhibits and called six witnesses." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: February 15, 2024, Case #: 11-23-00229-CV, Categories: Evidence, jurisdiction, juvenile Law
[Consolidated.] J. Belsome finds that the trial court should not have quashed the bill of indictment issued against defendant for the charges of armed robbery with a firearm and attempted second degree murder. Defendant, who was 17 years old when the crimes were allegedly committed, was originally charged in the juvenile court when the state filed the bill of indictment in criminal district court. Under statute, jurisdiction of the crimes was properly divested from juvenile court. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: February 5, 2024, Case #: 2023-KA-0585, Categories: juvenile Law, jurisdiction
J. Zimmerer finds that the juvenile court properly waived jurisdiction and transferred the juvenile to criminal court on his capital murder charge that stems from his role in the robbery and murder of a victim at an apartment complex. There was sufficient evidence to show probable cause that the juvenile committed the alleged offense and that he should be certified as an adult. Affirmed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: October 12, 2023, Case #: 14-23-00346-CV, Categories: Family Law, jurisdiction, juvenile Law