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Name: A.T. v. Superior Court
Case #: A149772
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 03/30/2017

Juvenile court improperly denied minor's request for release to the custody of her mother in order to pressure her to accept a plea bargain. Police found A.T. and her brother with a gun that the brother's girlfriend's father had reported stolen. They were both charged with a number of firearm offenses in juvenile court. At a readiness conference, the prosecution offered A.T. and her bother a package deal that depended on both minors admitting the charges. A.T. requested to be released from detention to her mother's custody and the juvenile court denied the request. During this and a subsequent readiness…

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Name: In re Bianca S.
Case #: D068942
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/02/2015

Juvenile court erred by ordering dependent teens who committed minor property offenses detained at juvenile hall where social workers had been unable to find suitable placements for them. Two 13-year-old girls were dependents of the juvenile court (Welf. & Inst. Code, § 300) and were residing at Polinski Center pending placement when they knocked over a vending machine and took items from it. They were arrested and booked into juvenile hall. The district attorney filed juvenile delinquency petitions alleging petty theft and vandalism and asked that the minors be declared wards. The probation officer recommended the minors be detained in…

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Name: People v. Dokins
Case #: B250572
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/30/2015
Subsequent History: Review granted 2/17/2016: S231052

Trial court's failure to consider the factors discussed in Miller v. Alabama (2012) 132 S.Ct. 2455, before sentencing a juvenile defendant who committed homicide to de facto LWOP mandates reversal and remand for resentencing. Dokins was 15 years old when he shot an adult and a child, killing the baby. Dokins was tried as an adult and convicted of first degree murder, attempted murder, gun use enhancements, and other offenses. He was sentenced to 90 years to life in prison. On appeal, he made an Eighth Amendment challenge to his sentence. Held: Reversed in part and remanded. In Miller, the…

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Name: In re K.J.
Case #: A137787
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 03/20/2014

Minor may be placed in the Division of Juvenile Facilities (DJF) based on amendment to Welfare and Institutions Code that occurred after he became a ward. In August 2008, the 12-year-old minor admitted molesting his younger brother (Pen. Code, § 288, subd. (a)). He was declared a ward and placed on probation in the custody of his grandparents. When they could not control him he was sent to three different residential treatment programs, but failed in each one. At a contested disposition hearing, the court committed the minor to DJF in a long-term sex offender program. The minor objected, claiming…

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Name: L.A. et al. v. Superior Court (San Diego)
Case #: D060589
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 10/02/2012

Juvenile status offenders who repeatedly violate court orders to attend school may be held in juvenile hall under a contempt order. Two minors who were truant and found to be Welfare and Institutions Code section 601 wards alleged the court unlawfully committed them to juvenile hall during school hours after they violated court orders to attend school. As the minors were no longer being held, their habeas corpus petitions were treated as petitions for writ of mandate. Held: Relief denied to one minor; partially granted as to the other. The custody limitations of Welfare and Institutions Code section sections 207,…

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Name: In re C.H.
Case #: S183737
Court: CA Supreme Court
District CalSup
Opinion Date: 12/12/2011

Juvenile court lacks authority to commit minor to the Division of Juvenile Facilities (DJF) for a sex offense not listed in Welfare and Institutions Code section 707, subdivision (b), despite reference to same in section 733, subdivision (c). In January 2006 the minor admitted an allegation in a section 602 petition that he committed a lewd act on a minor (Pen. Code, § 288, subd. (a)). He was initially granted probation but violated the terms of his probation on four separate occasions. At the disposition hearing the court observed that although the minor's offense was not listed in section 707,…

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Name: In re Ramon M.
Case #: G040765
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 10/22/2009

A minor was improperly held in and committed to county jail based on a juvenile adjudication. In 2005, the then 16-year-old minor Ramon M. became a ward of the court and was released on probation after conviction of crimes related to gang activity. He was in and out of custody for subsequent gang offenses, and turned 18 in October, 2007. In June, 2008, a petition was filed alleging probation violations. Ramon was detained in the county jail pending disposition by the juvenile court, and was subsequently committed to the county jail for 365 days. On appeal, Ramon argued that the…

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Name: In re Kerry K.
Case #: C050968
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/01/2006

The juvenile court erred when it denied the minor's request to be released from detention following the continuance of his jurisdictional hearing beyond the statutory limitation of seven days under Rule 1486(a)(1). Although the matter was moot given the minor's release, the issue still had to be resolved on public interest grounds. Rule 1486(a)(1) states that where a minor has consented to a continuance, the statutory limit for detention is seven days after the date to which the hearing has been continued. The legislative history of the statute reflects an intent that juvenile hearings proceed without delay.…

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Name: In re Charles G.
Case #: C041288
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/05/2004
Subsequent History: Rev. den. 4/21/04

Appellant was still a ward of the juvenile court at age 20 based upon delinquent conduct, when he violated probation. Probation was reinstated on the condition that appellant serve a period of confinement. In this appeal, appellant contended that the juvenile court lacked authority to detain him in an adult facility pending the violation hearing, and that after finding him in violation, it lacked the authority to sentence him to an adult facility. The appellate court found the issue moot and dismissed the appeal, as appellant had already served his term. However, the court reached the…

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