242 results for '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. Silva finds that the lower court properly modified the appellant’s probation “to a placement at a secure, post-adjudication juvenile facility” after he was adjudicated as delinquent. On appeal, he contends that the modification order violated his constitutional rights, but he failed to preserve the argument for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: May 9, 2024, Case #: 13-24-00098-CV, Categories: Civil Procedure, Constitution, juvenile Law
J. Goldstein finds that the lower court properly transferred the appellant from the Texas Juvenile Justice Department to the Texas Department of Criminal Justice after being adjudicated delinquent and allegedly committing “numerous infractions” while in custody. Appellant’s counsel indicated that there are no grounds for reversal, and the court agrees. Affirmed.
Court: Texas Courts of Appeals, Judge: Goldstein, Filed On: May 9, 2024, Case #: 05-23-00951-CV, Categories: Civil Procedure, juvenile Law
Per curiam, the Supreme Judicial Court of Massachusetts determines that, where the defendant is a juvenile with executive functioning issues and learning disabilities that make it difficult if not impossible for him to understand court procedure without specialized instruction, “the ability to propose, finance, order, and compel remediation programming falls beyond the purview of the court.” Discharged and remanded.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 7, 2024, Case #: SJC-13466, Categories: Competence, juvenile Law, Murder
J. Witt finds that the juvenile court properly transferred defendant for criminal prosecution as an adult on first-degree assault charges. The court reasonably found defendant beyond rehabilitation under the juvenile code due to his extensive criminal history and failure to positively respond to the services offered to him. Therefore, defendant was not prejudiced by counsel's alleged error in failing to hire an expert on child development. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 7, 2024, Case #: WD86022, Categories: Ineffective Assistance, juvenile Law
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J. Witt finds that the lower court properly transferred defendant's case for criminal prosecution as an adult on sodomy and child molestation charges. Defendant cannot show he was prejudiced by his counsel's failure to use the word "laches" in challenging the certification, as counsel made the very argument that defendant claims he failed to make. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 7, 2024, Case #: WD86093, Categories: Ineffective Assistance, juvenile Law
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. Jackson finds that the trial court properly denied a juvenile's motion to suppress firearms found in the car he was driving. A marijuana blunt in plain sight during a valid traffic stop gave police probable cause to search the car. Open containers of marijuana in a moving motor vehicle are unlawful, marijuana in blunt form is an open container since the wrapping paper does not present a barrier to accessing it and minors may not possess any amount of marijuana. Affirmed.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 3, 2024, Case #: A167331, Categories: Drug Offender, juvenile Law, Search
J. Christensen finds that the juvenile was improperly denied additional expert witness fees at state expense regarding weapon and drug violations because the state failed to outline the reasons for denying a doctor's drive-time expenses. Reversed.
Court: Iowa Supreme Court, Judge: Christensen, Filed On: May 3, 2024, Case #: 23-0214, Categories: juvenile Law, Experts
J. Goldberg finds that the lower court properly dismissed plaintiff’s motion to access the sentencing transcript after a juvenile was found delinquent following a fatal motor vehicle incident because the denial did not constitute an abuse of discretion. Affirmed.
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: April 30, 2024, Case #: 22-302, Categories: 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. Palafox denies habeas relief to defendant, who argued that his Eighth Amendment rights were violated when he was arrested and charged for murder as an adult despite being only 17 at the time of the offense. Pretrial habeas relief is not available unless the asserted rights would be "undermined if not vindicated before trial," which is not the case here. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 22, 2024, Case #: 08-23-00154-CR, Categories: Constitution, juvenile Law, Civil Rights
J. Palafox denies habeas relief to defendant, who argued that his Eighth Amendment rights were violated when he was arrested and charged for murder as an adult despite being only 17 at the time. Pretrial habeas relief is not available unless the asserted rights would be “undermined if not vindicated before trial,” which is not the case here. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: April 22, 2024, Case #: 08-23-00159-CR, Categories: Constitution, juvenile Law, Civil Rights
J. Lobrano finds that the juvenile court should not have dismissed the state’s delinquency petition against a juvenile for not timely commencing the adjudication hearing. In this case, the failure of the juvenile to appear at the adjudication hearing was beyond the state’s control because the delay was caused by the failure of the detention facility to comply with the writs to present the juvenile in court for trial. Further, the state communicated with the detention facility before trial to confirm receipt of service of the writ of habeas corpus issued by the state. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano, Filed On: April 22, 2024, Case #: 2024-CA-0031, Categories: Criminal Procedure, juvenile Law, Speedy Trial
J. McEvers remands a matter to juvenile court concerning the termination of parental rights. Although competent evidence existed allowing for termination of parental rights, because the juvenile court had discretion to terminate parental rights, remand was necessary for the court to exercise its discretion.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: April 18, 2024, Case #: 2024ND70, Categories: Family Law, juvenile Law
J. Fischer finds defendant's constitutional rights were not violated when the adult trial court added a tampering with evidence charge not considered by the juvenile trial court. The charge stemmed from the same actions that formed the basis of the original criminal complaint for murder and assault. Ohio law specifically allows adult courts to consider charges not bound over by a juvenile court, and because evidence presented during defendant's bind-over hearing established he sold the stolen gun used in the shooting to avoid prosecution, the tampering charge was properly added to the eventual indictment. Reversed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 18, 2024, Case #: 2024-Ohio-1433, Categories: Constitution, juvenile Law, Murder
J. Pickering finds the juvenile court improperly certified the juvenile for murder and robbery proceedings as an adult. The 14-year-old, with an IQ of 66, was originally found incompetent, followed by competency-restoration before he was eventually declared competent. The juvenile court did not address conflicting expert testimony as to the juvenile's understanding of the proceedings and ability to assist counsel. The court applied juvenile-court-specific competency standards, emphasizing there is no right to a jury trial in juvenile delinquency adjudication. Vacated.
Court: Nevada Supreme Court, Judge: Pickering , Filed On: April 18, 2024, Case #: 84563, Categories: Competence, juvenile Law, Murder
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. Wendlandt upholds the denial of a juvenile’s motion to dismiss a care and protection case to give her father permanent custody over her. A custody order, without the care and protection case, is not sufficient for the father to maintain custody because the default custody arrangement for nonmarital children is for the mother to have custody. Affirmed.
Court: Massachusetts Supreme Court, Judge: Wendlandt, Filed On: April 17, 2024, Case #: SJC-13494, Categories: Family Law, juvenile Law
J. Petrou finds that the juvenile court properly denied a motion to seal juvenile records. The dismissal of juvenile court petitions after the juvenile's wardship ended did not obligate the juvenile court to seal his records since the underlying adjudications for forcible lewd conduct are ineligible for sealing under statute. Affirmed.
Court: California Courts Of Appeal, Judge: Petrou, Filed On: April 16, 2024, Case #: A168282, Categories: juvenile Law, Sex Offender
J. Webb finds the circuit court properly denied defendant's pro se writ of habeas corpus, in which he argues his life sentence, imposed when he was convicted of capital murder at 19 years old, is cruel and unusual punishment. Though he says certain case law should be applied in an individualized manner, arguing there is no neurotypical distinction between a juvenile teenager and nonjuvenile teenager, the sentence is not illegal on its face. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: April 11, 2024, Case #: CV-23-552, Categories: Constitution, juvenile Law, Murder