In re M.M.

The State filed seven complaints against Appellee, a juvenile, alleging that he was delinquent for engaging in conduct that, if he had been an adult, would have constituted rape and gross sexual imposition. During pretrial proceedings, the State sought to introduce statements that two of the alleged victims made to a social worker with the police department. A magistrate concluded that the State was precluded from introducing at trial the out-of-court statements. The State did not move to set aside the magistrate's decision as was its right under the juvenile rules of procedure and failed to perfect an interlocutory appeal pursuant to the juvenile rules of procedure. The case proceeded to trial, where the court dismissed all counts after declining to allow out-of-court statements into evidence. The State appealed. The court of appeals dismissed the appeal for lack of jurisdiction. The Supreme Court affirmed, holding that the State is not authorized to pursue a discretionary appeal when it fails to take an appeal as of right in accordance with the applicable rules of procedure. View "In re M.M." on Justia Law