Anthony Geltz was prosecuted as a juvenile and adjudicated delinquent for sexual abuse in the second degree for an offense he committed when he was fourteen years old. After Geltz turned eighteen, the State petitioned to have him declared a sexually violent predator (SVP) under Iowa Code 229A.2(11). The district court ordered Geltz confined as an SVP based on Geltz's previous offense. The Supreme Court reversed, holding (1) a juvenile adjudication does not constitute a predicate conviction required to commit an offender as an SVP pursuant to section 229A.2; and (2) therefore, the district court erred in committing Geltz as an SVP solely on the basis of his juvenile adjudication for the offense he committed at age fourteen.View "In re Detention of Geltz" on Justia Law

Luis M., a juvenile, admitted that he had committed felony vandalism. The offense involved nine acts of graffiti at six locations. The juvenile court ordered restitution in the amount of $3,881.88, which was a crime prevention officer’s estimation of the amount the City spent to abate Luis’s acts of graffiti in 2011. The court of appeal directed the juvenile court to vacate its restitution order and to hold a new restitution hearing. The Supreme Court affirmed, holding that the juvenile court’s award was not based on sufficient evidence that the amount of claimed loss was a result of Luis’s conduct. View "Luis M. v. Superior Court" on Justia Law

The day after N’s birth, the baby’s mother, Nichole, and her boyfriend, Alfred, executed a voluntary acknowledgement of paternity (VAP), expressly imposing responsibility on Alfred to provide financial support. The VAP did not grant Alfred a right to custody or visitation, but it did provide him the right to seek custody or visitation. Alfred was also entitled to notices of adoption proceedings. Both Nichole and Alfred had the right to rescind the VAP within 60 days. The VAP explicitly waived Alfred’s right to genetic testing. Three days later, the Department of Children and Family Services (DCFS) took N into protective custody. DCFS filed a petition alleging juvenile neglect, identifying Nichole as N’s mother and Alfred as N’s father. The circuit court entered an order for temporary shelter care, placed N in the custody of DCFS, appointed a guardian ad litem (GAL), entered an order identifying Alfred as the “legal” father based on the VAP, and appointed separate counsel for Nichole and Alfred. Following genetic testing, the court granted the state’s motion and dismissed Alfred, based on evidence that he is not N’s biological father. The appellate court reversed, holding that the state did not have standing in a juvenile neglect proceeding (705 ILCS 405/1-1) to challenge the paternity of a man who signed a VAP under the Illinois Parentage Act of 1984 (750 ILCS 45/1). The Illinois Supreme Court affirmed. View "In re N.C., a Minor" on Justia Law

The State charged Petitioner with two counts of first-degree murder and associated offenses. The State filed a motion in the juvenile court seeking to unseal and release Petitioner's juvenile records to assist in the prosecution. The juvenile court issued an order broadly unsealing and releasing the records for "use in the prosecution." The Supreme Court granted Petitioner's petition for extraordinary relief, holding (1) a district attorney is not statutorily authorized to inspect a defendant's sealed juvenile records to obtain information that will be used against him or her in a subsequent proceeding; and (2) therefore, the juvenile court manifestly abused its discretion by granting the State's motion to inspect Petitioner's sealed juvenile records.View "Clay v. Eighth Judicial Dist. Court" on Justia Law

A delinquency complaint charged Juvenile with one count of possession of a class D substance (marijuana) with intent to distribute. Juvenile filed a motion to dismiss, arguing that the complaint was not supported by probable cause that he intended to distribute the marijuana found in his possession. The juvenile court judge allowed the motion but concluded that he was obliged to arraign Juvenile before dismissing the complaint. The Supreme Court affirmed, holding (1) the information in the complaint fell short of probable cause to believe Juvenile intended to distribute the marijuana in his possession; and (2) a juvenile court judge may allow a motion to dismiss before the arraignment of a juvenile where the judge concludes that prearraignment dismissal is in the best interests of the child and the interests of justice.View "Commonwealth v. Humberto H." on Justia Law

Marshall pled guilty to receiving child pornography (18 U.S.C. 2252(a) and (b)) from the time he was 15 until he was 20 years old. The district court varied downward from the guideline range and sentenced him to five years in prison, the mandatory minimum sentence for the offense, expressing concerns about the perceived harshness of that sentence. Marshall has a rare physiological condition, Human Growth Hormone Deficiency, which he believes entitles him to the Eighth Amendment protections accorded to juveniles. Although diagnosed with an I.Q. score of 87 and a mental age of 15, Marshall attended a community college part-time for four semesters, pursuing a career as a lab technician and paying his own tuition. He worked as a machine operator for a commercial bakery. He owned a car and had a credit card. He claimed that he felt like he was viewing images of his peers and that he often felt like a 15 or 16-year-old individual because of his small frame and stature. The Sixth Circuit affirmed, stating that Marshall was an adult at the time of his crimes.View "United States v. Marshall" on Justia Law

Police officers were dispatched in response to reports of an armed subject pointing a rifle at several people from the window of a light beige or tan vehicle. After Defendant Leticia T. (Child) and children passengers were removed and detained, the officers conducted a warrantless search of the interior and trunk of the vehicle. The district court held that the warrantless search was justified by exigent circumstances. The Court of Appeals reversed the district court, ruling that the possibility of a person hiding in the trunk of a vehicle did not constitute exigency. The issue on appeal to the Supreme Court centered on the Court of Appeals' reversal. The Supreme Court conclude after a review of the district court record was that when police officers have probable cause and exigent circumstances to believe that an armed subject pointed a rifle at other individuals from a vehicle, officers may search the cab and the trunk of that same vehicle for the rifle. View "New Mexico v. Leticia T." on Justia Law

After J.S., a juvenile, injured an individual with a knife, the state police filed two petitions against J.S., including a petition alleging that J.S. was delinquent due to having committed an offense that, if committed by an adult, would constitute an assault with a dangerous weapon. The family court found J.S. delinquent for committing an assault with a dangerous weapon and placed him on probation. The Supreme Court affirmed, holding that there was sufficient legally competent evidence to support (1) the trial justice’s finding that the State presented sufficient evidence to disprove J.S.’s defense of self-defense beyond a reasonable doubt, and (2) the trial justice’s adjudication of Respondent as delinquent for having committed an assault with a dangerous weapon. View "In re J.S." on Justia Law

When she was sixteen years old A.J.M. was adjudicated delinquent by the juvenile court. The delinquency was based on the crime of sexual abuse in the second degree, an offense covered under the sex offender registry statute. The juvenile court opted to wait to decide whether A.J.M. should be required to register as a sex offender until she successfully completed sexual offender treatment. After a final review hearing, the juvenile court discharged A.J.M. and waived the requirement for her to register as a sex offender, concluding that A.J.M.’s failure to overcome her problems was the fault of the State. The Supreme Court affirmed the decision of the juvenile court to discharge A.J.M. but concluded that the record was not sufficient for the Court to properly review the juvenile court’s exercise of discretion to waive the requirement for A.J.M. to register as a sex offender. Remanded. View "In re Interest of A.J.M." on Justia Law

When Respondent was fifteen, he was charged with unlawful possession of weapons by persons under sixteen in violation of N.Y. Penal Law 265.05. The charges stemmed from a police officer’s recovery of a machete from Respondent. The Appellate Division found the petition facially insufficient because it did not contain allegations that would have established that the knife Respondent possessed was a “dangerous knife” under section 265.05. Rather, the Appellate Court found that the knife was “utilitarian.” The Court of Appeals reversed, holding that, “while a machete has utilitarian purposes, it would be unreasonable to infer from the statement supporting the petition that Respondent was using the machete for cutting plants.” View "In re Antwaine T." on Justia Law