Jurisdiction and Venue Archives

Categories: Delinquency (602), Jurisdiction and Venue, Legislation, Retroactivity/Abatement

Summary

A juvenile offender who was directly charged in adult criminal court, but whose case is not yet final, is entitled to the benefit of Proposition 57's elimination of direct filing authority. In 2014, when he was 17 years old, Pineda…

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Name: In re I.S.

Case #: A147004

Opinion Date: 12/08/2016

Categories: Delinquency (602), Jurisdiction and Venue, Prop 47, Sentencing

Summary

A juvenile court that accepts transfer of an entire delinquency case from another county has the power to rule on a Proposition 47 petition to recall the disposition made by the transferor county. I.S. pleaded no contest to felony theft…

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Name: Steven R. v. Superior Court

Case #: C077757

Opinion Date: 10/26/2015

Categories: Delinquency (602), Jurisdiction and Venue

Summary

Juvenile court lacked jurisdiction to dismiss Welfare and Institutions Code section 602 petition following the transfer of the case from another county for disposition. In San Francisco County Juvenile Court, Steven R. admitted a concealed weapon violation. The case was…

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Name: In re Keith C.

Case #: A141529

Opinion Date: 04/24/2015

Categories: Delinquency (602), Jurisdiction and Venue, Restitution

Summary

Where juvenile court orders a minor to pay restitution, the court has authority to enter an abstract of judgment restating the restitution order upon termination of the wardship after the ward turns 21. In February 2006, Keith admitted an allegation…

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Name: In re V.C.

Case #: C071156

Opinion Date: 07/02/2013

Categories: Delinquency (602), Jurisdiction and Venue

Summary

Under Welfare and Institutions Code section 603.5, subdivision (a), jurisdiction is determined at the time the initial petition is filed in juvenile court. A petition was filed in juvenile court alleging violations of Vehicle Code sections 12500, subdivision (a), a…

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Name: In re Q.N.

Case #: C064967

Opinion Date: 12/07/2012

Categories: Appealable Orders, Appeals, Delinquency (602), IEP (Individual Education Plan), Jurisdiction and Venue, Post Disposition

Summary

Juvenile court lacked authority to issue order requiring county office of education to fund a minor's residential placement since the office was not joined as a party under Welfare and Institutions Code section 727. Minor was adjudged a ward of…

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Name: Timothy J. v. Superior Court

Case #: C052781

Opinion Date: 05/10/2007

Categories: Delinquency (602), Jurisdiction and Venue, Jurisdictional Hearing

Summary

The juvenile court applied the wrong standard when it denied the minors' requests for a determination of incompetency because there was no evidence of mental disorder or developmental disability. The two minors were ages 11 and 12 when they were…

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Name: People v. Superior Court (Marcelina M.)

Case #: F047953

Opinion Date: 10/19/2005

Categories: Delinquency (602), Fitness Hearing, Jurisdiction and Venue

Summary

A minors plea in criminal court does not require an automatic transfer of any subsequent juvenile petition to criminal court. The minor was charged in adult court with various offenses falling under Welfare and Institutions Code section 707(b), as well…

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Name: In re Kenneth S.

Case #: B178488

Opinion Date: 09/21/2005

Categories: Appealable Orders, Appeals, Delinquency (602), Interrogations & Confessions, Jurisdiction and Venue, Miranda v. Arizona

Summary

A juvenile questioned alone in a room at the police station was not in custody for the purposes of Miranda v. Arizona (1966) 384 U.S. 436 where his foster parent voluntarily brought him to the police station. Before the disposition…

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Name: In re Kasaundra D.

Case #: B169043

Opinion Date: 08/10/2004

Categories: Delinquency (602), Jurisdiction and Venue

Summary

A juvenile court reviewing a petition under the same case number as two earlier petitions cannot ignoring an existing order from another judge terminating the jurisdiction. The minor here was ordered into a camp placement upon two aggregated petitions. Following…

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