25 results for 'cat:"Evidence" AND cat:"Juvenile Law"'.
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
[Consolidated.] J. Lobrano finds that the juvenile court properly denied parents' motion to order the Department of Children and Family Service to change the placement of their son from his foster parents to their chosen relatives. In this case, the foster parents have adopted the son's siblings, and, according to his case worker, the son is thriving in his placement. Further, the juvenile court does not have the authority to order the placement of the son with the parents' choice of relatives. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: February 23, 2024, Case #: 2023-CA-0744, Categories: evidence, Family Law, juvenile Law
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J. Miller finds the trial court properly adjudicated defendant delinquent in his battery case and sentenced him to one year of supervision by the Department of Juvenile Justice. The trial court did not err by admitting into evidence surveillance video of defendant punching another resident at the group home where they lived, as a group home employee and a police officer acting as witnesses authenticated the video and vouched for what it depicted. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: February 21, 2024, Case #: 22-1697, Categories: evidence, juvenile Law, Battery
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
J. Wolfe finds that the juvenile was properly adjudicated delinquent for illegal possession of a handgun. The juvenile's motion to suppress evidence of the firearm seized from him was correctly denied since the officer had "reasonable suspicion to conduct an investigatory stop" based on an anonymous tip and his own investigation. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: January 19, 2024, Case #: 2023KJ0734, Categories: evidence, Firearms, juvenile Law
J. Pirtle finds the lower court properly denied the 15-year-old defendant's motion to waive jurisdiction to the juvenile court. Defendant was charged with attempted murder, assault and use of a deadly weapon to commit a felony for stabbing the 15-year-old victim. Although defendant has no criminal history, factors weigh in favor of the lower court's retention, including defendant's stated desire to kill people, his choice of a random victim and his statement that stabbing him "kind of felt nice." Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 19, 2023, Case #: A-23-581, Categories: evidence, juvenile Law, Murder
J. Wood finds the trial court properly found the minor defendant guilty of manslaughter. Defendant shot her father in the chest with a 12-gauge shotgun as he slept after being reprimanded for smoking and cell phone use. Excluded expert medical testimony that defendant has PTSD would not assist the jury in determining whether her belief she was being victimized was objectively reasonable. A recording of a previous argument between the mother and father was properly excluded, as it would have added little to defendant's first-person account of abuse inflicted directly on her. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: December 13, 2023, Case #: CR-23-185, Categories: evidence, juvenile Law, Manslaughter
J. Waldick finds defendant's confrontation rights were not violated when a witness at a codefendant's juvenile probable cause hearing testified about statements made by the codefendants. The hearing was not a trial that implicated defendant's constitutional rights. Meanwhile, despite the lack of DNA evidence to place defendant at the scene of the home invasion, his convictions were supported by sufficient evidence, including the testimony of his codefendants and a bruise on his back that matched the location of an injury inflicted by one of the victims. Affirmed.
Court: Ohio Court Of Appeals, Judge: Waldick, Filed On: December 11, 2023, Case #: 2023-Ohio-4474, Categories: Confrontation, evidence, juvenile Law
J. Tenney finds that ample evidence supported the conclusion that a minor caused the injuries and subsequent death of an infant in his care. The infant died from a violent brain injury that would have been apparent very quickly and the minor was the only person alone with the infant just before the symptoms appeared. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: November 16, 2023, Case #: 20210291-CA, Categories: evidence, juvenile Law, Murder
Per curiam, the Louisiana high court finds that the court of appeal should not have determined that there was insufficient evidence to support the delinquency adjudication of a juvenile for burglary involving a firearm and theft of a firearm. In this case, the state presented evidence that the tactical vest stolen from the deputy’s vehicle was found in the juvenile's attic, and screenshots from the juvenile's phone showed the rifle stolen from the deputy’s vehicle. There was also text message evidence sent twelve hours after the burglary where the juvenile was attempting to trade the rifle. Therefore, the state's evidence is sufficient to permit a reasonable inference that the juvenile was a principal in the commission of the delinquent acts. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: October 20, 2023, Case #: 2022-CK-01654, Categories: evidence, juvenile Law, Theft
J. Belsome finds that a juvenile was properly adjudicated delinquent for armed robbery, unauthorized use of a motor vehicle, and illegal possession of a firearm by a juvenile. In this case, a police officer identified a key fob recovered off of the juvenile's person that activated the stolen vehicle. Further, the vehicle had been reported stolen in a carjacking, and the police officer identified the juvenile as walking away from the stolen car and wearing a jacket that had a gun concealed in it. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: October 5, 2023, Case #: 2023-CA-0412, Categories: evidence, juvenile Law
J. Perry finds that the juvenile court properly adjudicated the juvenile delinquent for three criminal offenses, which included resisting a police officer who helped break up a fight after a high school basketball game. The testimony of the officers sufficiently supports the adjudications for the three charges. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Perry, Filed On: July 12, 2023, Case #: JAK-23-117, Categories: evidence, juvenile Law, Resisting Arrest
J. Wicker finds that the trial court should not have adjudicated a juvenile delinquent for illegal possession of a handgun. The state did not show that the juvenile illegally possessed a handgun "on his person." There was no evidence admitted showing that the arresting officer observed the juvenile with the gun or any fingerprint or DNA evidence to link the juvenile to the firearm. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: June 28, 2023, Case #: 23-KA-84, Categories: evidence, Firearms, juvenile Law
J. Gravois finds that a juvenile was properly adjudicated delinquent for the offense of first degree rape. The victim testified that when she was six-years old, the juvenile, who was fourteen, sexually assaulted her during a vacation trip. The victim testified that the juvenile licked her vagina and inserted his penis into her vagina. The trial judge acknowledged that both the victim's testimony at trial and her recorded interview were substantially similar. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 21, 2023, Case #: 23-KA-83, Categories: evidence, juvenile Law, Sex Offender
J. Kamins finds the juvenile court erred by ruling in favor of the state regarding evidence. “Once the police executed the search warrant for D’s phones, the state’s failure to disclose its possession of the phones during the factfinding proceeding violated due process, because they likely contained content that was material to youth’s self-defense claim.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: June 7, 2023, Case #: A175772, Categories: evidence, juvenile Law, Due Process