18 results for 'cat:"Juvenile Law" AND cat:"Assault"'.
J. Pennell finds that the lower court properly upheld a bench warrant against a minor for complying with the terms of her supervision following an assault conviction. While the warrant did conflict with a related state statute, it was proper under the terms of the Juvenile Justice Act, which legal precedent says take priority. Affirmed.
Court: Washington Court Of Appeals, Judge: Pennell, Filed On: March 28, 2024, Case #: 39113-2-III, Categories: juvenile Law, assault
J. Pirtle finds the trial court properly convicted defendant by plea agreement for robbery. All evidence supports the conclusion that defendant, along with other teenagers, assaulted the victim and stole his clothes, leaving him naked in the Wal-Mart parking lot. No abuse of discretion is found in the court's imposing of a 4- to 30-year sentence. The record is insufficient to show whether or not trial counsel was ineffective for not appealing the court's denial of his motion to transfer to juvenile court. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: January 30, 2024, Case #: A-23-411, Categories: juvenile Law, Robbery, assault
J. Wolohojian affirms an adjudication of delinquency and an order allowing a motion to continue sentencing until after the defendant turns 18, in a case where the 17-year-old defendant assaulted and battered his intimate partner. The three-week period before the defendant’s 18th birthday is not enough time for the defendant to be given adequate rehabilitation in the form of intimate partner abuse prevention. Furthermore, a new rule can be retroactively applied to a pending case on direct appeal when the rule is announced. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Wolohojian, Filed On: January 19, 2024, Case #: 21-P-1113, Categories: juvenile Law, assault, Battery
J. Cabret finds the superior court improperly denied defendant's motion for reconsideration of a final order that ended his probation, closed the juvenile case in which he originally pleaded guilty to assault as a minor and put him in custody of the Department of Health Services for supervision. The superior court went beyond its statutory authority when, without prompting, it cancelled defendant's final hearing, closed his case and placed him with the department for continued supervision, so the case is remanded for it to follow the proper procedures to extend, modify, revoke or terminate his probation. Reversed.
Court: Virgin Islands Supreme Court, Judge: Cabret, Filed On: January 11, 2024, Case #: 2024 VI 3, Categories: juvenile Law, Probation, assault
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Consolidated.] J. Green affirms three juvenile defendants’ adjudications for resisting arrest, but vacates one of the defendant’s adjudication for assault and battery of a police officer. The self-defense instruction to the jury included language pertaining to deadly force even though the defendant didn’t use deadly force, and it failed to include information about defense of another, even though the defendant threw a punch at an officer after the officer blocked him as he attempted to check on his friend.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: December 15, 2023, Case #: 22-P-787, Categories: juvenile Law, assault, Jury Instructions
J. Heavican dismisses this appeal from the juvenile court’s order for electronic monitoring of defendant after an altercation with a police officer, as well as her staff secure detention order for noncompliance with electronic monitoring. Originally charged as a minor in possession of alcohol, obstructing an officer and attempted assault on an officer, the court ordered that defendant wear a monitoring device which she eventually cut off, leaving her residence without permission. As the juvenile was not detained, but subject to alternative detention by electronic monitoring, and the eventual detention was meant to be temporary, the appeal is dismissed for lack of a final, appealable order.
Court: Nebraska Supreme Court, Judge: Heavican, Filed On: November 3, 2023, Case #: S-23-071, Categories: juvenile Law, assault, Obstruction
Per curiam, the appeals court finds the trial court properly transferred defendant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice to complete his 12-year sentence for delinquent conduct related to assault with a deadly weapon. Defense counsel has stated that the record shows no reversible error upon which to base an appeal. Counsel's request to withdraw is denied in the juvenile matter. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: October 11, 2023, Case #: 12-22-00251-CV, Categories: juvenile Law, assault, Weapons
J. Rubin finds there is substantial evidence to support that a child welfare organization had reasonable cause to believe that a stepfather sexually abused his minor stepson. While the stepson had recanted two previous sexual abuse claims against his stepfather, his mother spoke with him before he recanted on both occasions, and may have influenced him to do so. Furthermore, the stepson engages in physical behaviors that are common in survivors of sexual abuse.
Court: Massachusetts Court Of Appeals, Judge: Rubin, Filed On: October 6, 2023, Case #: 22-P-35, Categories: Family Law, juvenile Law, assault
J. Pritzker finds that the lower court improperly sentenced defendant for assault without making a determination on youthful offender eligibility, which defendant requested in the interest of justice. However, remittal is more appropriate since the discussion had not occurred before the sentencing court. Defendant's harsh sentence claims should be dismissed as academic. Vacated.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: September 21, 2023, Case #: 106889B, Categories: juvenile Law, Sentencing, assault
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. Mays finds defendant's adjudications of delinquency on assault and tampering charges were supported by sufficient evidence, including testimony that she threatened to kill the victim the day before the shooting and removed a live bullet from her home while fully aware a police investigation was likely to result from the shooting. Meanwhile, the trial court's failure to swear in a witness prior to her testimony did not violate defendant's confrontation rights, as defense counsel was still able to cross-examine the witness and there is no indication any of the testimony was false. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: July 6, 2023, Case #: 2023-Ohio-2293, Categories: Confrontation, juvenile Law, assault
J. Kern finds that the circuit court properly entered judgment after defendant was convicted as an accessory to aggravated assault for intentionally harboring or concealing a juvenile in the commission of a felony. Defendant argues that because the juvenile was subject to a delinquency
adjudication, rather than a criminal prosecution, which could have resulted in a felony conviction, she can not be an accessory to a felony. The matter stems from a recorded assault against another juvenile. Defendant was properly convicted in accordance with South Dakota Codified Law. Affirmed.
Court: South Dakota Supreme Court, Judge: Kern, Filed On: June 28, 2023, Case #: 2023SD29, Categories: juvenile Law, assault
J. Mooney finds the juvenile court properly adjudicated a youth for assaulting a police officer while the officer attempted to save her from a heroin overdose. Defendant was “criminally negligent” for kicking the officer in the knee several times while he tried to help her. Affirmed.
Court: Oregon Court of Appeals, Judge: Mooney, Filed On: June 14, 2023, Case #: A175638, Categories: juvenile Law, assault
J. Liu finds the trial court improperly declined to remand this matter to juvenile court. The juvenile admitted to, as a gang member, committing assault and reckless evasion of police. These are considered “wobbler” offenses, punishable as felonies or misdemeanors at the sentencing court’s discretion, the difference having significant implications for the juvenile and his record. The trial court did not comply with the declaration mandate of code requiring remand unless the record demonstrates that the court “was aware of and exercised its discretion” as to wobblers. The record does not reflect this awareness. Reversed and remanded.
Court: California Supreme Court, Judge: Liu, Filed On: May 4, 2023, Case #: S270907, Categories: juvenile Law, assault, Due Process