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The State of New Mexico appealed the suppression of two statements made by sixteen-year-old Filemon V. Filemon made the first statement to his probation officers. The New Mexico Supreme Court held that, absent a valid waiver, Section 32A-2-14(C) of the Delinquency Act of the Children’s Code precluded the admission of Filemon’s statement to his probation officers while in investigatory detention. The Court affirmed the district court’s order suppressing the use of the statement in a subsequent prosecution. The second contested statement was elicited by police officers at the Silver City Police Department. Filemon was at this point in custody, and entitled to be warned of his Miranda rights. At issue was whether the midstream Miranda warnings were sufficient to inform Filemon of his rights. The Supreme Court concluded the warnings were insufficient under Missouri v. Seibert, 542 U.S. 600 (2004). Because the statement was elicited in clear violation of the Fifth Amendment and Section 32A-2- 19 14, the district court’s suppression of the statement was affirmed. View "New Mexico v. Filemon V." on Justia Law

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The Supreme Judicial Court affirmed the judgment of the juvenile court adjudicating Appellant of the juvenile crime of gross sexual assault. On appeal, Appellant argued that the evidence was insufficient to support the adjudication, that the court deprived him of due process when it denied his motion for production of Department of Health and Human Services records without conducting an in camera review, and that the investigative and adjudicatory processes and the outcome of the case did not comport with the policies of the Juvenile Code. The Supreme Judicial Court disagreed and summarily disposed of Appellant’s essential challenges on appeal. In addition, the court noted that the Legislature may wish to review Me. Rev. Stat. 17-A, 253(1)(C) to consider how the statute “is most effectively and appropriately applied in juvenile cases to achieve the purposes of the Juvenile Code.” View "State v. Fulton" on Justia Law

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The Supreme Judicial Court affirmed the judgment of a single justice of the court denying Petitioner’s petition pursuant to Mass. Gen. Laws ch. 211, 3 arguing that because he had been “lawfully committed to the Department of Youth Services” at the time he committed the crime of murder, he was entitled to a transfer hearing pursuant to Mass. Gen. Laws ch. 119, 61, which was then in effect. The single justice concluded that Petitioner was not entitled to a transfer hearing because, when the murder occurred in 1995, a seventeen-year-old was an adult in the eyes of the juvenile and criminal law. The Supreme Judicial Court affirmed, holding (1) because a seventeen-year-old was not, at the relevant time, considered a “child,” the juvenile court did not have jurisdiction over the matter; and (2) the fact that Petitioner had previously been committed to the Department was of no relevance because Petitioner would not have been subject to the juvenile court’s jurisdiction in any event. View "Elliot v. Commonwealth" on Justia Law

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The Supreme Judicial Court affirmed the judgment of the single justice denying Petitioner’s petition filed under Mass. Gen. Laws ch. 211, 3 arguing that when the Commonwealth seeks to indict a juvenile, the grand jury must be instructed on the basic differences between juvenile and adult brains. Petitioner based his argument on the court’s decision in Commonwealth v. Walczak, 463 Mass. 808 (2012), which requires that a grand jury be instructed on the elements of murder and the significance of mitigating circumstances and defenses when the Commonwealth seeks to indict a juvenile for murder. The single justice denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that Petitioner’s arguments in support of his petition were unavailing. View "Cepeda v. Commonwealth" on Justia Law

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The Court of Appeal reversed a two-year restraining order against Jonathan V, because he did not receive adequate notice of or a hearing on the People's application for the restraining order. In this juvenile case, defense counsel walked into court for a trial setting conference and was given "notice" by the prosecutor that the People were going to seek a two-year restraining order against her client, Jonathan V. Jonathan V. did not receive adequate notice or an adequate opportunity to be heard to contest the issuance of the order. View "In re Jonathan V." on Justia Law

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A juvenile who is bound over to adult court must wait to appeal until the end of the adult-court proceedings. D.H. was a juvenile at the time he was charged with robbery. The juvenile court determined that D.H. was not amenable to rehabilitation in the juvenile system and transferred jurisdiction to the adult court. D.H. then pled no contest to the charges in adult court. The court of appeals concluded that because the juvenile court had not articulated the reasons that D.H. was not amenable to rehabilitation in the juvenile system, the court erred in transferring D.H. On remand, the juvenile court once again found that D.H. was not amenable to rehabilitation. D.H. immediately appealed the juvenile court’s transfer orders rather than wait until the end of the adult-court proceedings. The court of appeals dismissed the appeal for lack of a final order. The Supreme Court affirmed, holding the the juvenile court’s orders transferring jurisdiction to the adult court are not final orders under Ohio Rev. Code 2505.02(B)(4). View "In re D.H." on Justia Law

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School administrator Cushman received a text message indicating that a student had a loaded gun at school. The tipster had received a SnapChat video showing a student, in a classroom, displaying a gun and a magazine clip. Cushman saw the video and identified the student as K.J., based on the tipster's description. The principal removed K.J. from class and escorted him to the hallway where a school resource officer and a backup police officer were waiting. A search of K.J. revealed a semi-automatic handgun and rounds of ammunition. Cushman knew but declined to reveal the tipster's identity due to her fear of retaliation. The parties stipulated that she would be treated as an anonymous tipster. Following a combined motion to suppress and jurisdictional hearing, the juvenile court sustained a petition alleging K.J. possessed a weapon on school grounds. The court of appeal affirmed, rejecting K.J.’s argument that he was detained and searched without reasonable suspicion. Substantial evidence supported findings that the actions of the school officer, detaining K.J. on school property, were neither arbitrary, capricious, nor harassment. In balancing the grave threat to students and staff posed by a student carrying a firearm against the minimally intrusive nature of removing a student from class, the detention was lawful. View "In re K.J." on Justia Law

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San Pablo Police Officer Niemi determined that an Acura parked on the street was stolen. C.D. pulled the Acura into the street. Niemi followed. Officers Hearn and Dimercurio arrived. The three activated the lights of their patrol cars. Hearn pointed his gun at C.D. and shouted commands. C.D. stepped on the gas pedal and drove the Acura through the gap between Hearn’s patrol car and another car. Niemi saw the Acura strike the door of Hearn’s car as Hearn “pushed himself up against the frame ... as the driver door closed on his body.” Hearn fired several shots. The Acura hit a fence. A shot hit C.D, who lost an eye. Hearn was not injured and no documented repairs were made to his patrol car. The district attorney filed a juvenile court petition, alleging assault with a deadly weapon upon a peace officer; assault upon a peace officer by means of force likely to produce great bodily injury; and taking or driving a vehicle without the owner’s permission. The trial court found all three counts true. The court of appeal held that one count must be reversed because Penal Code 245(c), describes a single offense that can be committed two separate ways. The evidence was sufficient to support one true finding of assault under section 245(c). The trial court properly denied C.D.’s motion to disclose police personnel records. View "In re C.D." on Justia Law

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The Supreme Court affirmed the decision of the juvenile court adjudicating Appellant for violating a Lincoln city ordinance prohibiting disturbing the peace. The juvenile court found that the State had proved the allegations in the petition beyond a reasonable doubt, specifically, that Appellant knowingly or intentionally disturbed the peace of a high school security officer by engaging in fighting. The Supreme Court affirmed, holding (1) a school security officer and campus supervisor may be an appropriate victim of disturbing the peace; and (2) the evidence adduced sufficiently supported the juvenile court’s adjudication. View "In re Interest of Elainna R." on Justia Law

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Father challenged the juvenile court’s jurisdictional finding that his two children, ages 11 and 14, were at substantial risk of serious physical harm due to his use of methamphetamine and the dispositional order removing the children from his custody. The court of appeal affirmed, rejecting Father’s argument that, although he is a “user” of methamphetamine he is not an “abuser” of it. His and Mother’s drug use has resulted in recurrent legal problems, namely, the current and prior dependency matters. Even though he received a negative test in 2009, Father admitted he used methamphetamine while the dependency matter was ongoing. He was unable to stop despite fearing that his children would be taken away from him. Despite Father’s claim that the children are “doing well,” substantial evidence supported a finding that there was a risk of serious physical harm to the children from his methamphetamine abuse. The juvenile court found by clear and convincing evidence that substantial danger exists to the physical health of the children and there are no reasonable means to protect them without removal from their parents’ custody; the finding comports with Welfare and Institutions Code section 361. View "In re Alexzander C." on Justia Law