Justia Juvenile Law Opinion Summaries

Petitioner, a juvenile placed on juvenile probation, pleaded guilty to failing to follow an order of probation by violating curfew and failing to obey household rules. The circuit court then placed Petitioner in secure detention. Petitioner subsequently filed a petition for writ of habeas corpus, arguing that his sentence was illegal. The second district court of appeal denied Petitioner's petition for writ of habeas corpus and certified conflict with the fifth district court of appeal's decision in M.P. v. State. The Supreme Court (1) approved the decision of the second district court of appeal denying Petitioner's petition for writ of habeas corpus, and (2) disapproved the decision of the fifth district court of appeal in M.P. to the extent it was inconsistent with this opinion. View "J.M. v. Gargett" on Justia Law

S.B., 14 years old, and a four-year-old girl played a game; both got undressed. S.B. was charged as a juvenile with aggravated criminal sexual abuse. Evidence indicated that he suffered mild retardation and functioned as if seven or eight years old, not as a pedophile. The judge found him unfit for trial and set the matter for a “discharge” or “innocence only” hearing. The provision is found in the Code of Criminal Procedure but not in the Juvenile Court Act and allows an unfit individual to be ordered held for treatment. The evidence was found sufficient to support the charge, so S.B. was found “not not guilty.” Following outpatient evaluation, the court found S.B. still unfit, although neither mentally ill nor a threat to public safety, and ordered him to register as a sex offender. Because he had never been adjudicated delinquent, the appellate court reversed. The Illinois Supreme Court held that the statute on “discharge” or “innocence only” hearings may be applied to juveniles. S.B. can be required to register. Registration is required after “a finding not resulting in an acquittal,” following a discharge hearing on an applicable charge. The court construed the statute to allow petition for registration termination (not specified in the statute).View "In re S.B." on Justia Law

At issue in this appeal was whether a juvenile has a statutory right to counsel during a police interrogation conducted before a complaint is filed or an appearance is made in juvenile court. The juvenile in this case was adjudicated delinquent of aggravated robbery with a three-year firearm specification. The juvenile appealed, arguing that the police sergeant violated Ohio Rev. Code 2151.352 in obtaining a written statement before giving the juvenile an opportunity to obtain counsel. The appellate court rejected the juvenile's claim, concluding that a juvenile proceeding does not commence until the filing of a complaint, and because no complaint had been filed against the juvenile at the time he was interrogated and gave the written statement, section 2151.352 did not apply. The Supreme Court affirmed, holding (1) pursuant to section 2151.352, a child is statutorily entitled to representation by legal counsel upon the filing of a complaint in juvenile court or upon initial appearance in the juvenile court; and (2) thus, the right of a juvenile to counsel pursuant to section 2151.352 attaches when the jurisdiction of a juvenile court is properly invoked. View "In re M.W." on Justia Law

The issue before the Supreme Court in this case was whether a thirteen-year-old's confession provided outside of the presence of his father should have been suppressed. After it was reported that thirteen-year-old A.W. sexually touched his five-year-old cousin K.P, A.W.'s father voluntarily brought him to the county child advocacy center for an interview. A.W. is bilingual, but because his father speaks very little English, the interview was conducted initially entirely in Spanish. A detective advised A.W. and his father of A.W.'s rights using a pre-printed juvenile rights form, written in Spanish. A.W. initially denied touching K.P. and blamed their other cousin J. At A.W.'s request, the detective permitted him to state what J. had said about touching K.P. in English, but then resumed the questioning in Spanish. Approximately twenty minutes into the interview, A.W. asked in English, "could I tell everything in private, like without my dad here, outside, it will be easier." The detective explained that to his father in Spanish. Although A.W.'s father immediately stood up to leave, the detective advised A.W.'s father that he would need to waive his right to be present during the interview before leaving and that he could return to the interview room at any time. A.W.'s father then signed the required parental waiver form without objection and left the interview room. Thereafter, A.W. continued to deny wrongdoing before eventually admitting that he had touched K.P. sexually. A.W. was charged as a juvenile with two counts of aggravated sexual assault. Considering the totality of the circumstances, A.W.'s father willingly and voluntarily left the interview room, the questioning comported with the highest standards of fundamental fairness and due process, and the confession was made knowingly, intelligently, and voluntarily; the Supreme Court concluded A.W.'s confession was admissible. View "In the Interest of A.W." on Justia Law

HOS was arrested and indicted for various offenses. He claimed that he was a juvenile when these offenses were committed. HOS subsequently appealed the district court's grant of the U.S. Attorney's request to revoke its prior determination as to HOS's age based on a birth certificate the U.S. Attorney had obtained from the Mexican government that indicated that HOS was 23-years-old at the time of the charged offenses. The district judge thus ordered that the case proceed against HOS as an adult. The court rejected HOS's argument that the government was precluded from re-litigating the issue of his age. On the basis of the record before the court, the court could not conclude that the district judge abused his discretion or that his finding that HOS was an adult was clearly erroneous. Accordingly, the court affirmed the district court's order. View "United States v. HOS" on Justia Law

The State filed a petition that charge D.B. as a principal with theft and criminal trespass for entering a construction site and removing a pair of bolt cutters. The juvenile court adjudicated D.B. a delinquent as an accomplice on both counts. The court of appeals affirmed. D.B. filed a petition for writ of certiorari, claiming that he did not receive adequate Sixth Amendment notice that he may be adjudicated delinquent as an accomplice for the charges. The Supreme Court reversed the delinquency adjudication on the criminal trespass charge but affirmed it on the theft charge, holding (1) D.B. received constitutionally adequate notice through trial testimony that he faced accomplice liability for theft; but (2) the juvenile court adjudicated D.B. delinquent as an accomplice for criminal trespass without notice. Remanded. View "D.B. v. State" on Justia Law

The issue before the Supreme Court centered on a decision by a county prosecutor to seek waiver of three juveniles, aged sixteen at the time of their offenses, to adult court for acts of delinquency that, as charged, were equivalent to aggravated assault, robbery, and second-degree conspiracy. A Family Part judge found probable cause that the juveniles committed the offenses but denied the waiver motion. The Appellate Division reversed, concluding that the Family Part overstepped its bounds. The case called into question the standard of review to be exercised by a court reviewing such motions for waiver. "An abuse of discretion review does not allow the court to substitute its judgment for that of the prosecutor. Rather, a review for abuse of discretion involves a limited but nonetheless substantive review to ensure that the prosecutor’s individualized decision about the juvenile before the court, as set forth in the statement of reasons, is not arbitrary or abusive of the considerable discretion allowed to the prosecutor by statute. Cursory or conclusory statements as justification for waiver will not suffice to allow the court to perform its review under the abuse of discretion standard because such statements provide no meaningful explanation of the prosecutor’s reasoning." Applying that standard, the Court held that in this case the prosecutor’s explanation in the Statements of Reasons lacked detail. The Court reversed and remanded this case for a more full explanation by the prosecutor according to the new standard outlined in the Court's opinion. View "State In the Interest of V.A." on Justia Law

The State charged Defendant, who at the time was detained at a juvenile detention center, with one count of battery by detainee in violation of Fla. Stat. 784.03 and 784.082. Defendant moved to dismiss the charge, contending that a juvenile could not be lawfully charged with battery by detainee while detained in a juvenile detention facility. The trial court dismissed the charge based on its belief that it was bound to follow the first district court of appeal's decision in T.C. v. State, which held that the battery by detainee offense was inapplicable to juveniles held in juvenile facilities. The fourth district court of appeals reversed, noting that in the past it and the fifth district had affirmed a trial court order adjudicating a juvenile guilty of battery upon a fellow detainee. The Supreme Court affirmed, holding that a juvenile detention center qualifies as a "detention facility" for purposes of section 784.082, and thereby disapproving the first district's decision in T.C. View "Hopkins v. State" on Justia Law

Parents of adopted sons, Austin, 16, and Ricky, 15, retained counsel to represent both. Each was charged with misdemeanor criminal sexual abuse of other boys under foster care in the household. After a joint bench proceeding, the petition against Ricky was denied. The circuit court found that an admission Austin purportedly made to police was sufficient to prove the charges. He was adjudicated a delinquent minor and sentenced to probation. The appellate court affirmed. The Supreme Court of Illinois reversed. A minor accused of delinquency has a non-waivable right to a defense attorney. In addition to representing accuseds jointly, counsel allowed presentation of videotaped statements of the alleged victims in lieu of live testimony, which could have been cross-examined. Counsel never argued that Austin’s purported statement was involuntary or sought to suppress it, despite evidence that Austin was questioned aggressively and had diminished mental capabilities. The representation was not the type of counsel guaranteed by due process and the Juvenile Court Act. The court and counsel indicated that they viewed the attorney as functioning as a guardian ad litem. There is a per se conflict where counsel attempts to perform as guardian ad litem and defense counsel in a delinquency proceeding. The evidence was sufficient that there was no double jeopardy bar to a new trial. View "In re Austin M." on Justia Law

The State filed a delinquency petition against Appellant, alleging that Appellant committed second-degree intentional murder. The juvenile court certified the proceeding to adult court. Appellant was charged in district court with second-degree intentional murder. The complaint was amended to include second-degree felony murder. The jury found Appellant guilty of second-degree felony murder and second-degree manslaughter. Appellant appealed, arguing that the district court lacked subject-matter jurisdiction over the amended charge of second-degree felony murder and the lesser-included offense of second-degree manslaughter. The court of appeals affirmed, holding (1) the district court had jurisdiction over the charge specified in the certification order and other charges arising out of the same behavioral incident; and (2) the certification process did not violate Appellant's right to procedural due process. The Supreme Court affirmed, holding (1) a "proceeding" permitted by statute includes non-enumerated offenses arising out of the same behavioral incident as the offense enumerated in the certification order; and (2) following a valid certification order, a child no longer has a liberty interest in a juvenile adjudication for offenses arising out of the behavioral incident certified to adult court, and therefore the district court is not required to conduct another hearing on the certification issue. View "State v. Grigsby" on Justia Law