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Name: Tyrone B. v. Superior Court
Case #: C058142
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/24/2008

Where counsel expresses doubt as to a minor's competency to stand trial, the juvenile court may not defer appointment of an expert. During the detention hearing on a petition charging the minor with a violation of Penal Code section 288, subdivision (b)(1), his counsel expressed doubt as to the minor's competency to assist in the proceedings and asked for appointment of an expert to evaluate the minor. The court deferred the appointment of an expert until after a settlement conference and fitness hearing. The appellate court granted a writ directing the juvenile court to vacate its ruling.…

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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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