Justia Juvenile Law Opinion Summaries

Defendant filed a due process hearing complaint with California's Office of Administrative Hearings (OAH), alleging that he was being denied the free appropriate public education (FAPE) that he was entitled to under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. 1400 et seq. The court certified the following question to the California Supreme Court: Does California Education Code 56041 - which provided generally that for qualifying children ages eighteen to twenty-two, the school district where the child's parent resides is responsible for providing special education services - apply to children who are incarcerated in county jails? The case was withdrawn from submission and further proceedings were stayed pending final action by the Supreme Court of California. View "Los Angeles Unified Sch. Dist. v. Garcia" on Justia Law

A.T. was adjudicated delinquent for an act that would be felony murder if committed by an adult, and the juvenile court ordered both a determinate and an indeterminate commitment to the department of correction. A.T. appealed his determinate commitment only, and the court of appeals affirmed. The Supreme Court granted transfer and reversed the trial court's dispositional order, holding that because A.T. did not meet the criteria of Ind. Code 31-37-19-9(b), which provides that a determinate commitment may be imposed for juveniles who are sex or violent offenders, a determinate commitment under that section should not have been imposed. Remanded with instructions to vacate the portion of the court's order committing A.T. to the department of correction until his eighteenth birthday. View "A.T. v. State" on Justia Law

T.M.L. was seventeen when he pled guilty to felony burglary and misdemeanor criminal trespass to vehicles. The youth court entered a dispositional order providing that T.M.L. be placed on probation until he reached age eighteen, after which supervision was to be transferred to the district court and adult probation and parole department. After T.M.L. turned eighteen, the youth court transferred T.M.L.'s matter to district court and transferred T.M.L.'s supervision to adult supervision under the department of corrections. The Supreme Court (1) affirmed the youth court's denial of T.M.L.'s motion to dismiss where the youth court had jurisdiction over T.M.L.; and (2) remanded the matter for the limited purpose of striking the condition that T.M.L. register as a sexual offender as a condition of T.M.L.'s sentence, as the youth court did not have the power to require T.M.L. to register as a sexual offender. View "In re T.M.L." on Justia Law

Anthony F. appealed an order by the Derry District Court that denied his motion to suppress evidence that supported a child delinquency petition against him. The juvenile was stopped by school officials as he was leaving campus one morning in 2008. He refused to return, stating he did not feel well. Assistant principals escorted him back to the school where he was searched. One assistant principal asked the juvenile if he had "anything on [him] that [he] shouldn’t have on school property." The juvenile eventually handed over a small bag of marijuana that he retrieved from inside his sock. Subsequently, a delinquency petition was filed. The juvenile moved to suppress the marijuana evidence, arguing that the search was unconstitutional under the New Hampshire and Federal Constitutions. The State countered that there was no search under the law, but even if a search occurred, it was constitutionally valid. Upon review, the Supreme Court concluded that the facts of this case did not support a finding of reasonable grounds for suspecting that a search of this juvenile would turn up contraband. The assistant principals searched the juvenile because it was school policy to search all students who return to school after leaving an assigned area. The record reveals, however, that the juvenile was leaving the school, not returning. It was school officials who forced his return. The Court held that the search was "suspicionless" and as such, illegal. The Court reversed the decision in this case and remanded the case for further proceedings. View "In re Anthony F. " on Justia Law

Defendant, a 15-year-old, was tried as an adult and convicted of the murder of a 72-year-old and of five first degree burglaries relating to the residences of the victim and two other women. At issue was whether defendant made a postwaiver invocation of his Miranda rights by asking several times to speak to his mother or by making certain other statements while being questioned. The court held that juveniles claiming a postwaiver invocation of their Miranda rights were properly subject to the Davis v. United States standard. Applying that standard, the court concluded that the trial court did not err in finding that defendant's requests to speak to his mother and other statements were not sufficiently clear to require cessation of the interrogation. Accordingly, defendant's confessional statements were properly admitted at trial, and the contrary judgment of the Court of Appeal must be reversed. View "People v. Nelson" on Justia Law

The State filed a delinquency petition alleging that a seventeen-year-old girl had engaged in criminal solicitation to commit murder after she asked a stranger to punch her in the stomach to terminate her pregnancy. The juvenile court (1) held that an assault of a woman by punching her in the stomach was a "procedure" intended to terminate her pregnancy and therefore qualified as an abortion under statute; and (2) dismissed the State's petition against the minor because a woman cannot be held criminally liable for seeking an abortion. The Supreme Court reversed, holding that the solicited assault of a woman to terminate her pregnancy was not a "procedure" as contemplated by statute and therefore did not constitute an abortion. Remanded. View "State v. J.M.S." on Justia Law

The juvenile court committed a juvenile ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities (DJF) based on his commission of a sex offense listed in Penal Code section 290.008(c). At issue was whether a court could commit to the DJF a juvenile who had not committed an offense described in Welf. & Inst. Code, 707(b). The court concluded that a juvenile court lacked authority to commit a ward to the DJF under Welf. & Inst. Code, 731(a)(4) if that ward had never been adjudged to have committed an offense described in section 707(b), even if his or her most recent offense alleged in a petition and admitted or found true by the juvenile court was a sex offense set forth in section 290.008(c) as referenced in Welf. & Inst. Code, 733(c). Accordingly, the court reversed the judgment of the Court of Appeal. View "In re C.H." on Justia Law

Parents "Madeline P." and "Rex P." challenged a school district's actions regarding their child's educational program under the Individuals with Disabilities Education Act (IDEA). A hearing officer found an IDEA violation but awarded less compensatory education services for the child than the parents requested. On appeal, the superior court affirmed the IDEA violation finding and the compensatory education award. The parents appealed, arguing that more compensatory education services should have been awarded; the school district cross-appealed, arguing that no compensatory education services should have been awarded. The Supreme Court affirmed the superior court's findings regarding the school district's violation of the IDEA's procedural and substantive requirements and the compensatory education award. View "Madeline P. v. Anchorage School District" on Justia Law

The Supreme Court granted a writ application to determine whether a school board had tort liability for expelling a high school student after a fifth-sized bottle of whiskey fell from the student's backpack and broke on the classroom floor. The student claimed he was denied due process in the disciplinary proceedings that resulted in his expulsion. The district court agreed and awarded the student $50,000. Upon review of the trial court record, the Supreme Court found that the student presented no evidence whatsoever of being denied due process at the school board hearing. Finding the student failed to carry his burden of proof to show a denial of due process by the school board, the Court reversed the judgment of the district court. View "Christy v. McCalla" on Justia Law

Defendant was convicted of aggravated battery with a firearm and aggravated discharge of a firearm under an accountability theory and was sentenced to concurrent terms of imprisonment of 14 years and five years,respectively. The appellate court affirmed. The Illinois Supreme Court reversed and remanded for a new trial. Reversible error occurred when the state was allowed to impeach defendant, who testified at trial, with his prior juvenile adjudication for burglary. A juvenile adjudication is typically not admissible against a testifying defendant, and defendant did not "open the door" to admission of his juvenile adjudication. View "People v. Villa" on Justia Law