Justia Juvenile Law Opinion Summaries

The juvenile court found true allegations that 17-year-old Jorge G. committed public intoxication, a misdemeanor, and minor in possession of tobacco, an infraction. Jorge argued on appeal that: (1) there was insufficient evidence he was publicly intoxicated and the detaining officer did not comply with Penal Code section 647, subdivision (g); and (2) there was insufficient evidence he was a minor in possession of tobacco because a lighter is not punishable under section 308, subdivision (b). The Court of Appeal agreed with Jorge that the detaining officer did not comply with section 647, subdivision (g), and that possession of a lighter was not punishable under section 308, subdivision (b). Therefore, the Court reversed the order. View "In re Jorge D." on Justia Law

In 2010, 15-year-old Turner fired a gun at a group of young men, killing Allen, and grazing two others. Turner knew the victims from high school. A jury convicted Turner of second degree murder (Pen. Code, 187(a)), and two counts of attempted murder, and found true the allegations that Turner, personally used a firearm and personally inflicted great bodily injury. The court sentenced Turner to an aggregate state prison term of 84 years-to-life. The court of appeal affirmed the convictions, but modified the sentence, so that Turner will be entitled to a parole hearing after 25 years. The court upheld the trial court’s refusal to instruct the jury on the theories imperfect self-defense and justifiable homicide based on self-defense; its use of the instructions on a kill zone theory. The court also rejected a claim of ineffective assistance of counsel based on trial counsel’s failure to raise the issue of cruel and unusual punishment below and failure to present readily available mitigating evidence in support of a lesser sentence. View "People v. Turner" on Justia Law

In 2010, 15-year-old Turner fired a gun at a group of young men, killing Allen, and grazing two others. Turner knew the victims from high school. A jury convicted Turner of second degree murder (Pen. Code, 187(a)), and two counts of attempted murder, and found true the allegations that Turner, personally used a firearm and personally inflicted great bodily injury. The court sentenced Turner to an aggregate state prison term of 84 years-to-life. The court of appeal affirmed the convictions, but modified the sentence, so that Turner will be entitled to a parole hearing after 25 years. The court upheld the trial court’s refusal to instruct the jury on the theories imperfect self-defense and justifiable homicide based on self-defense; its use of the instructions on a kill zone theory. The court also rejected a claim of ineffective assistance of counsel based on trial counsel’s failure to raise the issue of cruel and unusual punishment below and failure to present readily available mitigating evidence in support of a lesser sentence. View "People v. Turner" on Justia Law

The principal of a Pleasanton high school observed that P.O., who was then 17 years old, appeared to be under the influence of drugs. P.O. admitted to using hashish oil earlier that morning, and a search revealed 11 tablets of Xanax in his pockets. The juvenile court order declared P.O. a ward of the court and placed him on probation after he admitted to a misdemeanor count of public intoxication. A condition of his probation required him to submit to warrantless searches of his “electronics including passwords.” The court of appeal modified the condition and struck two other conditions. While electronic search condition is reasonably related to future criminality, the condition was overbroad. Another condition, requiring him to “be of good behavior and perform well” at school or work and another requiring him to “be of good citizenship and good conduct” are unconstitutionally vague. View "In re P.O." on Justia Law

A firearm was discovered at the minor’s school. School administrators suspected his involvement, and in the course of questioning him, they seized and searched the minor’s cell phone. Interspersed with the text messages on the phone were a number of digital images, including a photograph of the minor holding what appeared to be the firearm found on campus. When the prosecution sought to use these images as evidence in the proceeding below, the minor unsuccessfully moved to suppress them. The juvenile court found the minor had possessed an assault weapon, and declared him a ward of the juvenile court (Welfare & Institutions Code 602.1). The court of appeal affirmed in part, finding the search of the cell phone reasonable. Considering all the circumstances, the juvenile court properly found the search was justified at its inception and permissible in scope. The order must be modified to reflect his maximum term of confinement and the matter must be remanded to the juvenile court so that it may calculate the custody credits to which he is entitled. View "In re Rafael C." on Justia Law

A firearm was discovered at the minor’s school. School administrators suspected his involvement, and in the course of questioning him, they seized and searched the minor’s cell phone. Interspersed with the text messages on the phone were a number of digital images, including a photograph of the minor holding what appeared to be the firearm found on campus. When the prosecution sought to use these images as evidence in the proceeding below, the minor unsuccessfully moved to suppress them. The juvenile court found the minor had possessed an assault weapon, and declared him a ward of the juvenile court (Welfare & Institutions Code 602.1). The court of appeal affirmed in part, finding the search of the cell phone reasonable. Considering all the circumstances, the juvenile court properly found the search was justified at its inception and permissible in scope. The order must be modified to reflect his maximum term of confinement and the matter must be remanded to the juvenile court so that it may calculate the custody credits to which he is entitled. View "In re Rafael C." on Justia Law

The Alameda County District Attorney filed a juvenile wardship petition under Welfare and Institutions Code 602, 2 alleging that 17-year-old A.S. committed a misdemeanor assault (against her mother) by means likely to produce great bodily injury (Pen. Code, 245, (a)(4)). The court declared her a ward of the juvenile court. Her probation conditions required to submit her “electronics including passwords under [her] control” to warrantless searches by the probation department and law enforcement (electronic search condition) and prohibited her from unauthorized or unsupervised presence on school property (school grounds condition). The court of appeal modified the order. Under the particularized facts of this case, the electronic search condition is reasonable under the test established by People v. Lent, and is not unconstitutionally overbroad. The school grounds condition, however, was unconstitutionally vague because it did not incorporate a “knowledge” requirement so as to prohibit the unauthorized or unsupervised presence on property she knows is school property. View "In re A.S." on Justia Law

When Mother was about one-month pregnant, she and N.S.’s father were arrested for illegally growing and possessing marijuana for sale in their Hayward home. About two weeks after N.S. was born, they were again arrested for possessing marijuana for sale in their home. The Alameda County Social Services Agency filed a dependency petition alleging that N.S. faced a substantial risk of harm (Welfare and Institutions Code 300(b)). N.S. was placed with a maternal relative who lived in a two-unit building in Union City. Mother moved into the other unit. Visits between Mother and N.S. went well. Mother regularly attended a support group, participated in therapy, repeatedly tested negative for drugs, had no contact with Father, and moved out of the Hayward home, listing it for sale. N.S. had no medical issues and was not alleged to have suffered any physical harm in her parents’ care. The Agency nonetheless recommended that the juvenile court take jurisdiction because Mother had been arrested twice for serious charges. The court sustained the dependency petition, concluding that there was a current risk of harm. While appeal was pending, the juvenile court dismissed dependency jurisdiction, awarding custody to Mother, with supervised visits for Father. The court of appeal dismissed an appeal, noting that Mother suffered no harm as a result of the jurisdictional findings below. View "In re N.S." on Justia Law

In 1993, Kristopher Kirchner, age 16 at the time, and Damien Miller, age 15, executed a plan to rob a gun store in Vista owned by Ross Elvey. Once inside the store, Kirchner repeatedly hit 59-year-old Elvey in the head with a metal pipe causing severe trauma that ultimately resulted in Elvey's death after languishing in a coma for 40 days. Kirchner was initially charged in juvenile court, however, the court found Kirchner unfit to be prosecuted as a juvenile and he was charged as an adult. Kirchner was found guilty of one count of first degree murder, and remanded to the California Youth Authority (CYA). CYA concluded there was a reasonable probability that Kirchner's likelihood to commit further crimes could be reduced or eliminated within the available confinement time if sentenced as a juvenile. The trial court declined to follow the recommendation of the CYA and sentenced Kirchner to LWOP on the murder conviction, plus one year consecutive for the weapon enhancement. Kirchner filed a second petition for writ of habeas corpus in October 2014 contending that under "Miller v. Alabama" and "California v. Gutierrez," his sentence violated the Eighth Amendment. The district attorney's return argued Miller and Gutierrez could not be applied retroactively and Kirchner was, therefore, barred from collaterally attacking his sentence. The court granted the request to file a supplemental return. Kirchner filed a supplemental denial. In 2015, the superior court granted Kirchner's petition. The district attorney appealed. The Court of Appeal concluded after review that the trial court correctly concluded the holdings of Miller and Gutierrez applied retroactively in state collateral proceedings such as the one presented here and that the Eighth Amendment of the United States Constitution required that when inmates, such as Kirchner, were serving life terms for crimes committed while they were juveniles, they must, except in the most extraordinary circumstances, be given an opportunity to seek parole. However, where, as was the case in California, a legislature has provided inmates serving life sentences for crimes committed while they were juveniles with an opportunity to obtain a parole hearing, the state has remedied any constitutional defect in the inmate's sentence. View "In re Kirchner" on Justia Law

Nicole, a minor, arranged for a friend to lure the victim, E.Y., to Heron Park in Brentwood. A school official obtained from an anonymous student a video depicting an attack on E.Y. by four females, including Nicole, who admitted her involvement but blamed others for arranging the assault. She said she gave her phone to another individual to record the fight. Following a contested dispositional hearing, the juvenile court adjudged Nicole a ward of the court and ordered that she be removed from her father‟s custody and detained in juvenile hall pending placement. The court imposed probation conditions, including a condition permitting searches of Nicole’s cell phone and other electronic devices. Nicole was placed at the Warner Mountains Group Home, approximately 340 miles from her father’s home, although there were closer facilities. The court of appeal upheld removal of Nicole from her home, but concluded no substantial evidence justified her distant placement. On remand, the trial court is to modify the search condition and specify the maximum time of confinement. View "In re Nicole H." on Justia Law