Interest of M.H.P.

The State appealed a juvenile court order adopting a judicial referee's findings of fact and order dismissing the State's petition alleging M.H.P. was a delinquent child. The State filed a petition alleging M.H.P. was a delinquent child who committed gross sexual imposition. The judicial referee found M.H.P. was not in need of treatment or rehabilitation as a delinquent child. The judicial referee explained he previously found beyond a reasonable doubt that M.H.P. committed the delinquent act of gross sexual imposition and stated, "Although this fact alone would be sufficient to sustain a finding of a need for treatment and rehabilitation, there was a substantial amount of evidence to the contrary." Based on these findings, the judicial referee dismissed the petition. The juvenile court adopted the judicial referee's findings and order, dismissed the proceeding and concluded the issue of M.H.P. registering as a sexual offender did not need to be addressed. Upon review, the Supreme Court concluded that the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution barred the State from appealing the juvenile court's order. The Supreme Court therefore affirmed the dismissal of the juvenile court's findings. View "Interest of M.H.P." on Justia Law