State v. Tyler T.

The State filed a petition alleging that Tyler T., a juvenile, was delinquent and a petition for waiver of juvenile court jurisdiction over Tyler. The circuit court waived juvenile court jurisdiction over Tyler, and the court of appeals affirmed. Tyler appealed, arguing that the circuit court erred as a matter of law in denying his request to strike a waiver investigation report prepared by the county department of health and human services (DHHS). The DHHS prepared its report after conducting a staffing meeting in which the county assistant district attorney, who filed the petition alleging Tyler's delinquency, participated. Because neither Tyler nor his defense counsel was invited to attend the meeting, Tyler contended that the assistant district attorney's participation in the staffing meeting constituted improper ex parte communication that compromised the objectivity of the waiver investigation report. The Supreme Court affirmed, holding that the circuit court did not err in denying Tyler's request to strike the waiver investigation report prepared by the DHHS, as the DHHS is free to compile information for a waiver investigation report in the manner it deems most beneficial to the circuit court. View "State v. Tyler T." on Justia Law