Justia Juvenile Law Opinion Summaries

Defendant Daniel Marsh, one month shy of his 16th birthday, stalked a Davis neighborhood at night and randomly selected the home of two victims to satisfy a long-standing (and oft-expressed) desire to kill, after which he mutilated their bodies. He was found guilty by jury of two counts of first degree murder (finding that he personally used a deadly weapon in each instance) and sustained allegations of three special circumstances. Defendant was found sane at the time of the offenses. After making an individualized assessment of the appropriateness of the sentence, the trial court imposed an indeterminate life sentence with a minimum term of 52 years. The case was not fully briefed until July 2017. On appeal, defendant argued Miller v. Alabama, 567 U.S. 460 (2012) and Roper v. Simmons, 543 U.S. 551 (2005), which respectively prohibited the mandatory punishment of life without parole for minors for any offense, or the death penalty under any circumstances, even for minors who commit homicide. Both cases applied in the context of a sanity determination, requiring the resurrection of the doctrine abrogated under California law in which an “irresistible impulse” test was applied to determine a defendant’s sanity. Defendant argued on appeal to the Court of Appeal that the sanity phase had to be reversed and retried with instructions on this rejected standard. In the published portion of its opinion, the Court of Appeal noted that in supplemental briefing, defendant had “deeply disturbed mental functioning,” that did not of itself align with the criteria absolving a defendant on the ground of insanity. The judgment of the criminal court was conditionally reversed and the matter remanded to the juvenile court with direction to hold a juvenile transfer hearing to determine defendant’s suitability for treatment in juvenile or criminal court within 90 days of the issuance of the Court of Appeals’ remittitur. If the juvenile court determined that defendant was the proper subject of criminal proceedings, it shall reinstate the criminal judgment. If the juvenile court finds that it would not have transferred defendant to a court of criminal jurisdiction, then it shall deem defendant’s convictions to be juvenile adjudications and conduct a dispositional hearing within its usual time frame. View "California v. Marsh" on Justia Law

The school’s principal recommended that M.N., a seventh grader, be expelled, based upon allegations that M.N. had committed sexual assault or sexual battery upon a 13-year-old female student on multiple occasions while the two rode a school bus. The district's administrative panel conducted a hearing and recommended expulsion, finding that M.N. had committed or attempted to commit sexual assault or committed sexual battery, and also committed sexual harassment. Unsuccessful with the District’s Governing Board and the Santa Clara County Board of Education, M.N. filed sought mandamus relief. The superior court concluded there was substantial evidence to support the finding that M.N. had committed sexual battery so that the District was required by statute to expel him for one year. The court remanded for consideration of whether the evidence justified the exercise of statutory discretion to suspend expulsion. M.N. argued that the sexual battery finding was unsupported by any competent evidence of the element of specific intent, i.e., that M.N.’s unwanted touching was “for the specific purpose of sexual arousal, sexual gratification, or sexual abuse” (Pen. Code, 243.4(e)(1)) and that evidence of such specific intent was entirely hearsay. The court of appeal affirmed, concluding that there was substantial evidence—including competent, admissible, nonhearsay evidence—to support the finding of sexual battery. View "M.N. v. Morgan Hill Unified School District" on Justia Law

People v. Sanchez's, (2016) 63 Cal.4th 665, limitations do not render social service reports inadmissible in status review hearings held pursuant to the Welfare and Institutions Code. In this case, petitioner sought extraordinary writ review of the juvenile court's order terminating reunification services and setting the matter for a permanency plan hearing. Petitioner contended that the superior court erred when it considered a social services report in the absence of its primary author, and thus prevented his cross-examination of her at the 12-month status review hearing. The court denied the petition, holding that the juvenile court's consideration of the report did not violate petitioner's due process rights. View "J.H. v. Superior Court" on Justia Law

People v. Sanchez's, (2016) 63 Cal.4th 665, limitations do not render social service reports inadmissible in status review hearings held pursuant to the Welfare and Institutions Code. In this case, petitioner sought extraordinary writ review of the juvenile court's order terminating reunification services and setting the matter for a permanency plan hearing. Petitioner contended that the superior court erred when it considered a social services report in the absence of its primary author, and thus prevented his cross-examination of her at the 12-month status review hearing. The court denied the petition, holding that the juvenile court's consideration of the report did not violate petitioner's due process rights. View "J.H. v. Superior Court" on Justia Law

At age of 19, defendant Montrell Woods shot Kenny Hernandez to death during a confrontation between the two men at an apartment complex. A jury found defendant guilty of second degree murder and of being a felon in possession of a firearm and also found he personally discharged a firearm causing death. The trial court sentenced defendant to a term of 15 years to life for the murder and to a consecutive term of 25 years to life for the firearm enhancement under Penal Code section 12022.53. At the time of defendant’s sentencing, the enhancement statute provided that “[n]otwithstanding [Penal Code s]ection 1385 or any other provision of law, the court shall not strike an allegation under this section or a finding bringing a person within the provisions of this section.” On appeal, defendant argued the trial court erred by failing to bifurcate the possession of a firearm charge from the murder charge, the court erroneously excluded evidence of the victim’s propensity for violence, the prosecutor committed two acts of misconduct, the court committed multiple instances of instructional error, and cumulative error resulted. Defendant also argued should have been remanded to the trial court so that he can make an adequate record for a future youth offender parole hearing and so that the trial court can exercise its discretion as to whether to strike the firearm enhancement based on a recent change to Penal Code section 12022.53 that took effect on January 1, 2018. In the unpublished portion of its opinion, the Court of Appeal found no merit to defendant’s claims of trial court error and prosecutorial misconduct. In the published portion of its opinion, the Court concluded defendant already had sufficient opportunity to make a record of information relevant to his eventual youth offender parole hearing, but agree that remand was necessary to allow the trial court to exercise its discretion as to whether to strike the firearm enhancement under the recent amendment to Penal Code section 12022.53. View "California v. Woods" on Justia Law

Defendant appealed a dispositional order entered after the juvenile court sustained allegations that he committed misdemeanor sexual battery when he touched the breast of a female high school classmate. In the published portion of the opinion, the Court of Appeal held that the condition of probation forbidding him from using, owning or possessing depictions of nudity was unconstitutionally overbroad. View "In re Carlos C." on Justia Law

Defendant appealed a dispositional order entered after the juvenile court sustained allegations that he committed misdemeanor sexual battery when he touched the breast of a female high school classmate. In the published portion of the opinion, the Court of Appeal held that the condition of probation forbidding him from using, owning or possessing depictions of nudity was unconstitutionally overbroad. View "In re Carlos C." on Justia Law

The Court of Appeal reduced D.N.'s adjudication for felony theft of a vehicle pursuant to Vehicle Code 10851 to a misdemeanor, because the People failed to prove the value of the stolen vehicle exceeded $950. The court held that the People should have been well aware the value of the stolen vehicle was relevant on whether the offense was a felony. The People should have been on notice as of November 5, 2014, the date Proposition 47 and Penal Code 490.2 went into effect, that vehicle theft under Vehicle Code section 10851 was to be a misdemeanor unless the value of the stolen vehicle exceeded $950. View "In re D.N." on Justia Law

The Court of Appeal reversed a two-year restraining order against Jonathan V, because he did not receive adequate notice of or a hearing on the People's application for the restraining order. In this juvenile case, defense counsel walked into court for a trial setting conference and was given "notice" by the prosecutor that the People were going to seek a two-year restraining order against her client, Jonathan V. Jonathan V. did not receive adequate notice or an adequate opportunity to be heard to contest the issuance of the order. View "In re Jonathan V." on Justia Law

School administrator Cushman received a text message indicating that a student had a loaded gun at school. The tipster had received a SnapChat video showing a student, in a classroom, displaying a gun and a magazine clip. Cushman saw the video and identified the student as K.J., based on the tipster's description. The principal removed K.J. from class and escorted him to the hallway where a school resource officer and a backup police officer were waiting. A search of K.J. revealed a semi-automatic handgun and rounds of ammunition. Cushman knew but declined to reveal the tipster's identity due to her fear of retaliation. The parties stipulated that she would be treated as an anonymous tipster. Following a combined motion to suppress and jurisdictional hearing, the juvenile court sustained a petition alleging K.J. possessed a weapon on school grounds. The court of appeal affirmed, rejecting K.J.’s argument that he was detained and searched without reasonable suspicion. Substantial evidence supported findings that the actions of the school officer, detaining K.J. on school property, were neither arbitrary, capricious, nor harassment. In balancing the grave threat to students and staff posed by a student carrying a firearm against the minimally intrusive nature of removing a student from class, the detention was lawful. View "In re K.J." on Justia Law