29 results for 'cat:"Jurisdiction" AND cat:"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
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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
J. Fader denies the state’s motion to dismiss this appeal made by the 12-year-old accused by juvenile petition of committing motor vehicle theft. The juvenile court was required to grant the juvenile’s motion to dismiss for lack of jurisdiction because a part of the Maryland Juvenile Justice Reform Act removed the juvenile court’s jurisdiction over proceedings against children under 13 years of age. The ruling of the juvenile court is dismissed.
Court: Supreme Court of Maryland, Judge: Fader, Filed On: September 8, 2023, Case #: JA-22-0183, Categories: juvenile Law, Theft, jurisdiction
[Consolidated.] J. Rickman finds that the juvenile court improperly ordered the Department of Family and Children Services to pay rent to the child's foster mother as a sanction for failing to make reasonable efforts to effectuate the child's permanency plan. The juvenile court entered its order 15 days after the child turned 18 and therefore lacked jurisdiction over her dependency case. Vacated.
Court: Georgia Court of Appeals, Judge: Rickman, Filed On: August 4, 2023, Case #: A23A0968, Categories: Family Law, jurisdiction, juvenile Law
J. Rice finds that the district court had jurisdiction over a charge against a 17-year-old for an assault on a peace officer and a related misdemeanor charge of assault with bodily fluid since they were based on the felony assault. However, misdemeanor charges for punching another youth and two other misdemeanor assault with bodily fluid offenses should have been the jurisdiction of the youth court. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: August 1, 2023, Case #: DA 21-0337, Categories: juvenile Law, Assault, jurisdiction
J. Poissant finds that the juvenile court properly transferred the individual's case to the criminal district court for prosecution on the charge of aggravated sexual assault of his former stepsister. There was sufficient evidence to support the necessary findings for a waiver of the juvenile court's jurisdiction, specifically that the individual "could not be prosecuted in juvenile court before he turned eighteen years of age due to reasons beyond the control of the State of Texas." Affirmed.
Court: Texas Courts of Appeals, Judge: Poissant, Filed On: June 27, 2023, Case #: 14-23-00141-CV, Categories: Family Law, jurisdiction, juvenile Law
J. Miller-Lerman finds the district court properly overruled the sexual assault defendant's motion to transfer his case to juvenile court. The juvenile probation supervisor testified there was often the need for supervision after program completion, and that defendant had come into the juvenile system near the age of 18. There was sufficient evidence to support the court’s emphasis on the short timeframe for defendant's juvenile treatment, appropriate evidence for retaining jurisdiction, and there was no abuse of discretion in considering these timing factors. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Miller-Lerman, Filed On: June 16, 2023, Case #: S-23-096, Categories: juvenile Law, Sex Offender, jurisdiction
J. Welch finds the district court properly denied defendant’s request to transfer his case for auto theft, fleeing and firearm possession to the juvenile court. Officers apprehended defendant after a chase when responding to gunshots heard while on another call. The investigation yielded casings and information that a home had been struck by gunfire, a shot just missing a man sitting on his couch. The casings were confirmed to have been fired from the rifle recovered from defendant. Defendant was 17 at the time of the offense and the court properly concluded that the juvenile court’s jurisdiction would not be sufficient due to the violent nature of the offenses, the concern for public safety, and the fact that it would automatically lose jurisdiction when defendant turned 19 regardless of any benefit from juvenile services. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch, Filed On: June 6, 2023, Case #: A-23-118, Categories: Firearms, juvenile Law, jurisdiction