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By
Robert O. Dawson
Bryant Smith Chair in Law
University of Texas School of Law
2007
Summaries
2006
Summaries
2005
Summaries
2004
Summaries 2003
Summaries 2002
Summaries 2001
Summaries 2000
Summaries 1999
Summaries
Police notification of parents was prompt because the
delays were justified [Ray v. State] (04-4-21).
On November 18, 2004, the Houston First
District Court of Appeals held that the police promptly notified defendant’s
parents of her arrest. Delays caused by determining which agency had
jurisdiction over the case and obtaining defendant’s mother’s telephone
number were justified.
Court explains when mandamus and habeas corpus can be used
in juvenile cases [In re Debrow] (04-4-20).
On August 11, 2004, the San Antonio Court of
Appeals denied a writ of mandamus directed at a prosecuting attorney on the
ground it lacked jurisdiction to issue the writ and denied the writ against
the trial court on the ground it had already ruled on the underlying habeas
petition.
Juvenile
court did not abuse its discretion in placing a child on probation outside the
home when the child was adjudicated for contempt of a justice court [In re E.T.]
(04-4-19).
On November 10, 2004, the San Antonio Court of
Appeals held that the juvenile court did not abuse its discretion in placing a
child on probation outside the child's home when the only offense adjudicated
was contempt of a justice court.
No
error in restricting jury voir dire time; respondent opened the door to
questions about his prior offenses [In re V.M.S.] (04-4-18).
On November 4, 2004, the Houston First District
Court of Appeals held that the juvenile court judge in a capital murder
determinate sentence adjudication hearing did not error in restricting the
length of respondent's jury voir dire; respondent's questioning of a witness
opened the door to questions about respondent's prior offenses.
Okay
to permit TYC official to testify in a release/transfer hearing about facts
learned from other TYC employees [In re R.M.] (04-4-17).
On November 3, 2004, the San Antonio Court of
Appeals held that it was not error for the juvenile court judge in a
release/transfer hearing under the determinate sentence act to permit a TYC
official to testify about facts learned from other TYC employees.
Detention
of respondent after he signed a traffic citation was unauthorized; consent to
search was involuntary [In re R.J.] (04-4-16).
On October 29, 2004, the Tyler Court of Appeals
held that a police officer lacked authority to detain a juvenile respondent
after the juvenile signed a traffic citation; further, respondent's consent to
search his automobile was coerced when given after the officer said he was
calling the canine squad for a sniff around.
Administrative
regulation on use of force in school not relevant to assault case; reasons for
striking panelist were race-neutral [In re D.C.S.] (04-4-15).
On October 27, 2004, the Waco Court of Appeals in
an assault on a teacher case held that administrative regulations dealing with
the use of force in school were not relevant to the case and that the
prosecutor's explanations for strikes were race-neutral.
No
proof plea of guilty was involuntary because defendant didn't understand his
juvenile record was admissible against him [Franklin v. State] (04-4-14).
On October 26, 2004, the Dallas Court of Appeals
held that the defendant did not prove that his plea of guilty in criminal court
was involuntary because he did not understand that his juvenile record could be
used against him before the jury at punishment.
Trespass
on school grounds can be alleged either as a Class C misdemeanor or as
Delinquent Conduct [In re J.M.R] (04-4-13).
On October 21, 2004, the Austin Court of Appeals
held that trespass on school grounds in the Education Code and criminal trespass
in the Penal Code are not in pari materia and therefore the prosecutor may
charge either when a trespass occurs on school grounds.
Failure
to serve respondent's father is jurisdictional defect in certification
proceedings [Carlson v. State] (04-4-12).
On October 14, 2004, the Eastland Court of
Appeals held that failure to serve the certification petition and summons on the
respondent's father created a jurisdictional defect in the certification
proceedings, requiring setting aside a criminal conviction.
There
was no ineffective assistance show in counsel's failure to move for dismissal of
criminal charges because of underage [Robles v. State] (04-4-11).
On May 20, 2004, the Corpus Christi-Edinburg
Court of Appeals held that respondent had failed to prove his lawyer was
ineffective in not moving to dismiss criminal charges because of underage.
There
was no abuse of discretion in placing the juvenile in a treatment center as a
condition of probation [In re S.S.] (04-4-10).
On October 13, 2004, the Waco Court of Appeals
held that the juvenile court did not abuse its discretion in removing respondent
from his home and placing him in a treatment center following adjudication for
aggravated sexual assault.
Juvenile court
did not abuse its discretion in placing respondent on probation outside his home
[In re T.G.] (04-4-09).
On November 10, 2004 the San Antonio Court of Appeals, on motion for
rehearing from its decision of October 13, 2004, upheld the juvenile court's
disposition of probation outside the home under the court's abuse of discretion
standard.
Evidence
was legally sufficient to support an adjudication for evading arrest or
detention [In re L.M.M.] (04-4-08).
On October 13, 2004, the San Antonio Court of
Appeals upheld an evading arrest adjudication on evidence the respondent ran
from a school resource officer while on campus.
Failures
at probation placements justified commitment to TYC [ In re G.W.]
(04-3-07).
On September 30, 2004, the Tyler Court of Appeals
held that the respondent's unsuccessful discharge from two probation placements
for rules violations and self-harm conduct justified commitment to the TYC.
Juvenile
court did not abuse its discretion in revoking determinate sentence probation
[In re R.K.] (04-4-06).
On September 24, 2004, the Dallas Court of
Appeals held that the juvenile court did not abuse its discretion in revoking
determinate sentence probation instead of transferring respondent to criminal
court for continued supervision as an adult.
State
judges are not entitled in a federal lawsuit to judicial immunity for decisions
made as members of an adult probation judicial board [Alexander v. Tarrant
County] (04-4-05).
On August 23, 2004, the United States District
Court for the Northern District of Texas held that state district court judges
are not entitled to judicial immunity for decisions they made as members of an
adult probation judicial board which provided oversight for a boot camp in which
a resident died.
TYC
commitment upheld under abuse of discretion standard of review [In re A.W.]
(04-4-04).
On September 8, 2004, the San Antonio Court of
Appeals held that the jury sentence of 10 years to the TYC was not an abuse of
discretion under the Court's global abuse of discretion standard.
Juvenile
processing office violation requires showing of causation to make the statement
inadmissible [In re J.M.S.] (04-4-03).
On September 8, 2004, the Texarkana Court of
Appeals held that even if a confession was obtained outside of a juvenile
processing office, the respondent must show that violation of law caused the
statement in order to keep the statement out of evidence.
Newspaper
is not liable for satirical story about juvenile court judge's handling of an
imaginary case [New Times v. Isaacks & Whitten] (04-4-02).
On September 3, 2004, the Texas Supreme Court
held that under the First Amendment a newspaper could not be held liable in a
defamation lawsuit for a satirical story about a juvenile court judge's handling
of an imaginary case.
Failure
of attorney in criminal trial to object to inadmissible juvenile adjudication
was not ineffective assistance because it may have been trial strategy [Bufford
v. State] (04-4-01).
On August 26, 2004, the El Paso Court of Appeals
held that failure of defense counsel to object to a question asking about a
juvenile adjudication to impeach the testimony of the defendant was not
ineffective assistance of counsel since it may have been part of counsel's trial
strategy.
Only
parent ordered to pay restitution may challenge it on appeal [In re D.D.H.]
(04-3-31).
On August 26, 2004, the Beaumont Court of Appeals
held that only a parent ordered to pay restitution may challenge it on appeal;
the juvenile may not do so on behalf of the parent.
No
abuse of discretion in committing repeat probation violator to TYC [In re
A.D.B.] (04-3-30).
On August 19, 2004, the Fort Worth Court of
Appeals held that the juvenile court did not abuse its discretion in committing
respondent to the TYC in view of the repeated offenses he committed and the
chances he was given on probation.
Reasonable
efforts to keep respondent at home shown in view of home conditions [In re
K.K.D.] (04-3-29).
On August 12, 2004, the Austin Court of Appeals
held that the juvenile court used reasonable efforts to avoid removing
respondent from his home and committing him to the TYC in view of the home
conditions.
Telephonic
offer to sell drugs gave reasonable suspicion to detain passenger in vehicle
described in the telephone conversation [In re D.P.M.] (04-3-28).
On August 12, 2004, the Corpus Christi-Edinburg
Court of Appeals held that police who had set up a sting to buy drugs had
reasonable suspicion to detain a passenger in the drug-transporting vehicle
described by the seller to police in a telephone conversation.
Failure
to appoint interpreter for hearing-impaired mother not error before 2003
amendment [In re T.V.] (04-3-27).
On August 5, 2004, the El Paso Court of Appeals
held that failure to appoint an interpreter for the respondent's
hearing-impaired mother was not error before the 2003 amendment in Section
51.17.
Respondent's
plea of true, judicial confession and stipulation of evidence was sufficient to
sustain a burglary adjudication [In re M.A.O., Jr.] (04-3-26).
On August 5, 2004, the Fort Worth Court of
Appeals held that the respondent's plea of true, judicial confession and
stipulation of evidence were sufficient to sustain that element of burglary that
requires entry without the effective consent of the owner.
No
abuse of discretion for the juvenile court to require a juvenile to register as
a sex offender [In re J.D.G.] (04-3-25).
On August 5, 2004, the Corpus Christi-Edinburg
Court of Appeals held that the juvenile court did not abuse its discretion when
it required a juvenile on probation under deferred sex offender registration to
register as a sex offender.
Tape
recorded statement admissible following possibly inadmissible oral custodial
statement [Marsh v. State] (04-3-24).
On July 29, 2004, the Houston Fourteenth District
Court of Appeals held that a tape recorded confession to murder was properly
admitted into evidence even though it closely followed obtaining a possibly
inadmissible oral custodial confession.
The
evidence supports finding of best interest of respondent in TYC commitment [In
re M.A.F.] (04-3-23).
On July 27, 2004, the Houston Fourteenth District
Court of Appeals held that the evidence supports the juvenile court finding of
best interest of the respondent by committing him to TYC for an assault on a
teacher in a juvenile justice alternative education school.
Extension
of probation after expiation of term requires that the motion be filed before
expiration, but not that a capias must also be issued [In re A.N.A.]
(04-3-22).
On July 20, 2004, the Texarkana Court of Appeals
held that probation can be extended within one year of its expiration if a
motion to revoke was filed before it expired; unlike in criminal cases, it is
not required that a capias also be issued before expiration.
No
discretion abuse in transferring child from TYC to TDCJ [In re J.D.P.]
(04-3-21).
On July 15, 2004, the Fort Worth Court of Appeals
held that the juvenile court did not abuse its discretion in transferring the
child from TYC to TDCJ even though the child was not provided while in TYC with
specialized treatment for his emotional disturbance.
Cannot
revoke misdemeanor probation with proof of only two adjudications [In re C.B.J.]
(04-3-20).
On July 14, 2004, the Waco Court of Appeals held
that the juvenile court cannot revoke probation based on only two misdemeanor
adjudications. A dissenting opinion disputed this interpretation of the statute.
An
anonymous tip by a student did not provide reasonable suspicion for a search of
a student by an assistant principal [In re K.C.B.] (04-3-19).
On July 15, 2004, the Austin Court of Appeals
held that an anonymous tip by a student to a hall monitor did not provide
reasonable suspicion for a search of the person of a student by an assistant
principal which led to the seizure of marijuana.
The
social history report proved respondent was on probation for a felony, thus
authorizing TYC commitment on revocation [In re J.D.] (04-3-18).
On July 15, 2004, the Austin Court of Appeals
held that the social history report, which was admitted into evidence without
objection at the modification hearing, was a sufficient evidentiary basis for
showing that the respondent was on probation for a felony, thus authorizing TYC
commitment.
Running
objection did not preserve error when the same testimony was presented without
objection by another witness [In re P.R.P.] (04-3-17).
On July 7, 2004, the Waco Court of Appeals held
that a running objection to extraneous offense testimony did not preserve error
when the same testimony was later presented by another witness without further
objection.
Evidence
sufficient to support TYC commitment for aggravated sexual assault [In re C.P.D.] (04-3-16).
On July 8, 2004, the Fort Worth Court of Appeals
held that there was sufficient evidence to support the juvenile court's
commitment of the respondent to the TYC for aggravated sexual assault.
Evidence
was sufficient for jury to reject defense of parental discipline to charge of
injury to a child [In re C.A.S.] (04-3-15).
On July 7, 2004, the San Antonio Court of Appeals
held that the evidence was sufficient for the jury to reject the defense that
the respondent beat his brother at the direction of his mother and in doing so
was exercising the right of parental discipline.
It is not
a violation of equal protection to have different definitions of insanity for
juveniles and adults [Marino v. State] (04-3-14).
On July 1, 2004, the Austin Court of Appeals held
that it is not a violation of equal protection of the laws for the juvenile law
definition of insanity to provide more protection for the respondent than the
adult definition provides for the criminal defendant because of the social
reasons underlying having a separate juvenile justice system.
Respondent's
acknowledgement of the correctness of petition allegations is a sufficient
stipulation [In re M.D.H.] (04-3-13).
On July 1, 2004, the Fort Worth Court of Appeals
held that the respondent's acknowledgment of the correctness of the allegations
in the petition was a sufficient stipulation of evidence to support the
adjudication.
Court had
jurisdiction to revoke probation of 18 year old respondent; cannot challenge
reasonableness of probation condition in revocation proceedings [In re V.A.]
(04-3-12).
On July 1, 2004, the Fort Worth Court of Appeals
held that the juvenile court had jurisdiction to revoke the probation of an 18
year old when the modification petition was filed before he became 18 and the
State exercised due diligence; the Court also held that it has no jurisdiction
to determine the reasonableness of a probation condition in an appeal from
revocation.
Error was
not preserved on voir dire time restriction issue; advance notice not required
for cross regarding prior offenses [In re V.M.S.] (04-3-11).
On July 1, 2004, the Houston First District Court
of Appeals held that the respondent had not preserved error in his claim that
the trial court unduly restricted his time for jury voir dire; the Court also
held that notice under Rule 404(b) is not required when the State cross examined
a defense witness who had opened the door on respondent's prior juvenile record.
Evidence
of juvenile "deferred adjudication" and violation properly admitted at
penalty phase [Lamb v. State] (04-3-10).
On July 1, 2004, the Houston First District Court
of Appeals held that evidence of the respondent's juvenile "deferred
adjudication" and its violation were properly admitted in the penalty phase
of his criminal trial for aggravated robbery.
There was
no equal protection or due process violation in using the defendant's juvenile
record as penalty evidence in a capital case [Escamilla v. State]
(04-3-09).
On June 30, 2004, the Court of Criminal Appeals
held that there was no violation of equal protection or due process in using the
defendant's juvenile record as penalty evidence in his capital murder
prosecution.
Evidence
was factually sufficient to support a burglary adjudication [In re J.A.D.]
(04-3-08).
On June 23, 2004, the Waco Court of Appeals held
that the evidence was factually sufficient to support an adjudication for
burglary and that a witness' mention that the respondent was on parole did not
require a mistrial.
Texas
Attorney General says that statute permitting probation intake to screen
misdemeanors not involving violence or weapons is not unconstitutional [GA-0205]
(04-3-07).
On June 18, 2004, the Texas Attorney General
opined that it is not a violation of the constitutional powers of the District
Attorney for the legislature to give the juvenile probation department the power
to screen misdemeanors not involving violence or weapons.
Court of
Appeals reviews record to grant appellate counsel's motion to withdraw from
representation [In re D.R.H.] (04-3-06).
On June 17, 2004, the Fort Worth Court of Appeals
granted appellate counsel's motion to withdraw from representation on the ground
the appeal was frivolous, but did so only after carefully reviewing the record
independently for errors.
The
juvenile court denied the respondent's right to make a closing argument, but the
error was waived by failure to object [In re M.A.] (04-3-05).
On June 10, 2004, the El Paso Court of Appeals
held that the juvenile court had violated the respondent's constitutional right
through counsel to make a closing argument, but that the error was waived by
failure to object to the denial.
There was
insufficient evidence that a metal pipe was used as a deadly weapon in an
aggravated assault case [In re K.B.] (04-3-04).
On June 16, 2004, the Waco Court of Appeals held
there was insufficient evidence that a metal pipe was used as a deadly weapon in
an aggravated assault case. The judgment was reformed to show an adjudication
for misdemeanor assault.
Juvenile
court did not err in revoking probation for lack of program participation and
disciplinary violations while in placement [In re H.M.L.] (04-3-03)
On June 3, 2004, the Fort Worth Court of
Appeals held that the juvenile court did not error in revoking probation for
not participating in programs and for disciplinary violations while in secure
placement.
Juvenile
court cannot revoke misdemeanor probation when the two prior offenses were
adjudicated in the same proceeding [In re T.B.] (04-3-02)
On June 2, 2004, the Tyler Court of Appeals
held that the juvenile court erred when it revoked misdemeanor probation based
on two prior offenses that were adjudicated in the same proceeding.
U.S.
Supremes say age of the suspect is not a factor in determining whether
interrogation was custodial [Yarborough v. Alvarado] (04-3-01)
On June 1, 2004, the United States Supreme
Court held that the fact that the suspect was a juvenile is not a factor to be
taken into account in determining whether the suspect was in custody during
police interrogation.
Jury
verdict rejecting parental discipline defense in injury to child trial upheld
[In re C.A.S.] (04-2-34)
On May 26, 2004, the San Antonio Court of
Appeals held that the evidence was sufficient to support the jury’s verdict
rejecting the defense that respondent disciplined his brother as agent of
their mother in a trial for injury to a child.
The
juvenile court abused its discretion in placing the respondent on probation
outside his home without evidence of the placement program [In re M.J.A.]
(04-2-33)
On May 26, 2004, the San Antonio Court of
Appeals held that the juvenile court abused its discretion in placing the
respondent on probation outside his home without evidence that the placement
program was appropriate to his needs.
No
evidence respondent did not understand warnings from magistrate prior to making
confession [Jeffery v. State] (04-2-32)
On May 20, 2004, the Texarkana Court of Appeals
held that there was no evidence that the respondent did not understand
warnings from the magistrate prior to making her confession; any error was
harmless because her trial testimony confirmed the details of her confession.
Texas
Supreme Court says that removal from home findings are not required for
revocation of probation [In re J.P.] (04-2-31)
On May 14, 2003, the Texas Supreme Court held
that Texas law does not require the three removal from home findings required
for a disposition prior to revocation of probation.
Allegations
that a knife used in an aggravated assault was a large pocket knife is not
material, so need not be proved [In re L.F.L.T.B.] (04-2-30)
On May 13, 2004, the Eastland Court of Appeals
held that allegations in an aggravated assault case that the deadly weapon
knife used was "large" and a "pocket knife" were not
material; therefore, the sufficiency of the evidence is assessed without
regard to whether those allegations were proved.
Officer
had probable cause to take a juvenile into custody for failure to identify [In
re A.R.] (04-2-29)
On May 12, 2004, the Waco Court of Appeals held
that a police officer had probable cause to take a juvenile into custody for
failure to identify; the cocaine seized from his person as an incident to that
arrest was properly admitted into evidence.
Plea of
true in criminal trial to juvenile adjudication used for enhancement precludes
challenging its use for enhancement [Hall v. State] (04-2-28).
On May 13, 2004, the Houston First District Court
of Appeals held that defendant's plea of true to a 1991 adjudication precluded
his challenge that the adjudication was inadmissible in the criminal trial
because it occurred before 1996.
Evidence
was sufficient to support an adjudication for aggravated sexual assault of a
child [In re A.B.] (04-2-27).
On May 7, 2004, the Dallas Court of Appeals held
that the evidence was sufficient to support an adjudication for aggravated
sexual assault even though the CPS videotape was inadmissible except to impeach.
Proof of
scratching public servant was not at variance from an allegation of striking the
public servant in an assault case [In re D.P.] (04-2-26).
On May 6, 2004, the Austin Court of Appeals held
that there was no fatal variance between an allegation of striking a public
servant and proof that the respondent scratched the public servant.
Failure
to follow placement case plan is not grounds for reversing probation revocation
[In re J.B.] (04-2-25).
On April 29, 2004, the Austin Court of Appeals
held that failure of the placement facility to follow a case plan for
psychiatric treatment is not grounds for reversing a decision to revoke
probation for failure to cooperate with the program.
Although
hearsay, psychiatric report is admissible in certification hearing [McKaine v.
State] (04-2-24).
On April 29, 2004, the Corpus Christi-Edinburg
Court of Appeals held that a psychiatric report, although hearsay, is admissible
in a certification hearing; there is no requirement that the report's author
must testify at the hearing.
Expunction
of records of certified juvenile unauthorized because no proof of no felony
conviction within five years prior to arrest [Ex parte Jackson] (04-2-23).
On April 29, 2004, the Dallas Court of Appeals
held that although an indictment of a certified juvenile was void because the
juvenile court did not have the juvenile personally served, the juvenile was not
entitled to expunction of criminal records because there was a failure to prove
he had not been convicted of a felony within the five years preceding his
arrest.
Police
officer's weapons frisk during a daytime curfew stop was justified by
self-protection [In re K.E.] (04-2-22).
On April 28, 2004, the San Antonio Court of
Appeals held that a police officer was justified in conducting a weapons frisk
of a juvenile during a daytime curfew stop because of the clothing worn by the
juvenile.
Evidence
was insufficient to support the adjudication of respondent for aiding in the
operation of his mother's vehicle without her consent [In re N.M.K.]
(04-2-21).
On April 22, 2004, the Eastland Court of Appeals
held that the evidence was legally insufficient to support the adjudication of
respondent for aiding in the operation of his mother's car without her consent.
There was no evidence he knew that his older brother lacked his mother's consent
to operate the vehicle.
The
social history report can be considered by the juvenile court judge without
being formally admitted into evidence [In re D.W.D.] (4-2-20).
On April 22, 2004, the Fort Worth Court of
Appeals held that the juvenile court judge at disposition can consider the
information contained in the social history report even if the report is not
formally admitted into evidence.
Evidence
was factually insufficient to support adjudications for coercing gang membership
and engaging in organized criminal activity [In re L.A.S.] (04-2-19).
On April 22, 2004, the Fort Worth Court of
Appeals held that the evidence in a street encounter involving a gang was
factually insufficient to support adjudications for coercing gang membership and
engaging in organized criminal activity.
TYC
official may testify to hearsay in release/transfer hearing; risk of
re-offending justified transfer to TDCJ [In re C.G.] (04-2-18).
On April 21, 2004, the San Antonio Court of
Appeals upheld a transfer of the respondent from TYC to TDCJ under the
determinate sentence act and held that the TYC official who testified could
testify as to what other TYC employees had stated about respondent's behavior
while in TYC.
Court
considered progressive sanction model in making the disposition; departure from
guidelines by TYC commitment is not reviewable on appeal [In re C.H.]
(04-2-17).
On April 21, 2004, the Tyler Court of Appeals
held that the juvenile court's departure on advice of the probation department
from progressive sanctions guidelines to commit the respondent to the TYC is not
reviewable on appeal.
Evidence
supports removal from home findings in modification proceedings [In re J.K.R.]
(04-2-16).
On April 15, 2004, the El Paso Court of Appeals
applied its requirement that the removal from home findings control in probation
revocation proceedings but found that the evidence supported the findings.
Trial
counsel was not ineffective in asking the court to disregard the defendant's
juvenile record in the presentence report [Medlin v. State] (04-2-15).
On April 8, 2004, the Eastland Court of Appeals
held that in a criminal trial counsel was not ineffective in asking the court at
sentencing to disregard his client's juvenile record as included in the
presentence investigation report.
Court
accepts Anders brief while addressing arguable errors [In re D.L.]
(04-2-14).
On April 8, 2004, the Fort Worth Court of Appeals
accepted appointed appellate counsel's Anders brief claiming that the appeal is
frivolous.
Juvenile
adjudication was improperly admitted in criminal trial to correct a false
impression but was admissible to rebut a claim of self-defense [Carter v. State]
(04-2-13).
On April 6, 2004, the Texarkana Court of Appeals
held that juvenile adjudications were not admissible in a criminal trial to
correct a false impression but one was admissible to rebut a claim of
self-defense and admission of the other, while error, was harmless.
TYC
commitment of Mexican national upheld because of lack of supervision at home and
no American placement alternatives [In re J.D.T.C.] (04-2-12).
On April 1, 2004, the El Paso Court of Appeals
upheld the TYC commitment of a Mexican national for smuggling marijuana into the
United States because of lack of supervision in his home and lack of American
placement alternatives.
Evidence
was sufficient to support adjudication for murder by respondent of her
newly-born son [In re A.J.G] (04-2-11).
On April 1, 2004, the Corpus Christi-Edinburg
Court of Appeals held that there was sufficient proof of the manner and means by
which respondent killed her newly-born son to support the adjudication of
murder.
No
evidence first amended adjudication petition was not served on respondent [In re
P.L.] (04-2-10).
On March 30, 2004, the Dallas Court of Appeals
held that merely because the summons recited that the petition was attached,
rather than the first amended petition, that was not sufficient, in light of
other evidence presented, to prove that the first amended petition was not
served.
The
juvenile court did not abuse its discretion in rejecting a motion to withdraw a
jury waiver [In re J.I.C.] (04-2-09).
On March 26, 2004, the El Paso Court of Appeals,
applying standards developed for criminal cases, held that the juvenile court
did not abuse its discretion in refusing to permit the respondent to withdraw a
waiver of jury trial.
El Paso
Court says TYC commitment for misdemeanor probation violation requires three
adjudications [In re C.E.T.] (04-2-08).
On March 26, 2004, the El Paso Court of Appeals
joined five other courts of appeal in holding that a TYC commitment for a
misdemeanor probation violation requires three separate adjudications.
Four-day
delay in signing referee's report okay; not returning from furlough from
detention is escape from custody [In re B.P.C.] (04-2-07).
On March 25, 2004, the Austin Court of Appeals
held that a delay for four days in sending referee's report to judge was okay
and that failure to return to custody in secure detention following furlough was
escape from custody.
Evidence
is sufficient to support adjudications for unauthorized use, burglary of a
vehicle, and evading arrest [In re J.T.] (04-2-06).
On March 10, 2004, the San Antonio Court of
Appeals held that the evidence was sufficient to support an adjudication that
respondent operated the motor vehicle of the owner without his consent,
burglarized another vehicle as a party, and evaded arrest.
Error,
but harmless, to admit statement taken in adult area of police station [In re
U.G.] (04-2-05).
On February 26, 2004, the Corpus Christi-Edinburg
Court of Appeals held that while it was error to admit respondent's written
statement into evidence because it was taken in an adult area of the police
station, the statement attempted to be exculpatory, and admission was therefore
harmless.
Defense
counsel not ineffective during modification hearing [In re R.N.]
(04-2-04).
On February 26, 2004, the Fort Worth Court of
Appeals held that the defense attorney did not render ineffective assistance of
counsel when he agreed to a stipulation regarding a probation violation.
Appeal
abated for juvenile court to determine if respondent is represented [In re J.M.R.] (04-2-03).
On February 26, 2004, the Amarillo Court of
Appeals abated an appeal when no brief was filed for the respondent to permit
the juvenile court to determine if respondent is represented on appeal.
Racing on
the highway by a juvenile is a traffic offense [AG No. GA-0157] (04-2-02).
On February 24, 2004, the Attorney General opined
that racing on the highway by a person under 17 is a traffic offense that is in
the jurisdiction of justice and municipal courts, not juvenile courts.
Juvenile
court judgment properly admitted at penalty phase of criminal trial [Garcia v.
State] (04-2-01).
On February 22, 2004, the Texarkana Court of
Appeals held that a juvenile court judgment of adjudication was properly
admitted into evidence in the penalty phase of a criminal trial as a
self-authenticated public record.
Attorney
General says police may not release to school district the names of juveniles
citied for minor in possession [ORD-680] (04-1-24).
On November 25, 2003, the Texas Attorney General
issued an opinion in which he stated that the Grand Prairie police department
could not release to the Grand Prairie School District the names of juveniles
cited for minor in possession of alcohol.
Accomplice
testimony in burglary case corroborated [In re A.M.] (04-1-23).
On February 19, 2004, the Fort Worth Court of
Appeals held that accomplice testimony in a burglary case was sufficiently
corroborated by eyewitness identification of respondent as being at the scene of
the burglary and recovery of stolen property from respondent's house.
Unfitness
to stand trial rules apply to release/transfer hearing under the determinate
sentence act; oral motion for psychiatric exam okay [In re N.S.]
(04-1-22).
On February 11, 2004, the Waco Court of Appeals
held that the constitutional rights to be competent when tried applies to
release/transfer hearings under the determinate sentence act, that an oral
motion for a psychiatric examination is sufficient, but that in this case the
TYC reports were sufficient to rebut any inference of probable cause to believe
that the respondent was not competent.
Plea of
true not involuntary because respondent erroneously believed himself eligible
for probation on Mexican National Children's Program [In re C.R.R.E.]
(04-1-21).
On February 5, 2004, the El Paso Court of Appeals
held that respondent's plea of true was not involuntary because he erroneously
believed himself eligible for probation on the Mexican National Children's
Program; the Court also held that J.S.S., dealing with the privilege against
self-incrimination in the pre-disposition report, should be restricted to its
facts.
Evidence
was sufficient to support adjudications for aggravated sexual assault and
indecency with a child [In re J.F.] (04-1-20).
On February 6, 2004, the Dallas Court of Appeals
held that the evidence was sufficient legally and factually to support
adjudications for aggravated sexual assault and indecency with a child.
Erroneous
adjudications for two offenses requires new disposition hearing for third
offense in determinate sentence case [In re J.H.] (04-1-19).
On February 5, 2004, the Austin Court of Appeals
held that when the juvenile court erroneously adjudicated respondent for two sex
offenses and then imposed a twenty-five year sentence for a third offense, it
was required to hold a new disposition hearing to re-consider its sentence in
light of the acquittals.
Questioning
by juvenile court showed it considered statutory factors in transferring
respondent to TDCJ [In re M.M.J.M] (04-1-18).
On January 29, 2004, the El Paso Court of Appeals
held that questioning of witnesses by the juvenile court showed it considered
the statutory factors in deciding to transfer respondent to TDCJ under the
determinate sentence act.
Probation
report authorized court to place runaway in secure confinement [In re E.D.]
(04-1-17).
On January 29, 2004, the Austin Court of Appeals
held that the probation department's report on a runaway complied with the
requirements of Section 54.04(n) and thereby authorized the juvenile court to
modify disposition and place the respondent in a local secure facility.
Reason for TYC commitment that it will meet
child's educational needs is a proposition of law, not fact [In re C.Q.]
(04-1-16)
On January 15, 2003, the Fort Worth Court of
Appeals held that the juvenile court's statement of reason for a TYC commitment
that it would meet the child's educational needs is a proposition of law, not
fact. As such there is not requirement that it be supported by evidence.
Juvenile
court did not abuse its discretion in transferring juvenile sex offender to TDCJ
despite lack of sex offender treatment [In re D.T.] (04-1-15).
On December 31, 2003, the Waco Court of Appeals
held that the juvenile court did not abuse its discretion in transferred a
juvenile sex offender to TDCJ who was not offered sex offender treatment because
he would not acknowledge responsibility for the committing offense.
Evidence
was sufficient to prove possession of a short barrel shotgun [In re J.A.A.]
(04-1-14).
On December 31, 2003, the Waco Court of Appeals
held that the evidence was sufficient to prove that the juvenile respondent
possessed a prohibited weapon that he had thrown down.
Unadjudicated
juvenile offenses are admissible at the penalty phase of a criminal trial
[Dawson v. State] (04-1-13).
On December 31, 2003, the Waco Court of Appeals
held that testimony at the penalty phase of a criminal trial by a juvenile
probation officer that the criminal defendant received deferred prosecution as a
juvenile is admissible as an unadjudicated juvenile offense.
In
modification proceedings, the juvenile court considered the full range of
options before committing the juvenile to the TYC [In re C.S.C.]
(04-1-12).
On December 31, 2003, the San Antonio Court of
Appeals held that the juvenile court did not abuse its discretion in revoking
probation and committing the juvenile to the TYC. The court considered its full
range of options in the case.
Requirement
of DNA sample as probation condition is constitutional; applies to probationers
with excused registration [In re D.L.C.] (04-1-11).
On December 18, 2003, the Fort Worth Court of
Appeals held that a retroactive requirement of a DNA sample as a condition of
probation is constitutional as against an ex post factor claim and a search and
seizure claim; the Court also held that the requirement applies when
de-registration has been ordered.
Court of
Appeals applies criminal factual sufficiency standard to review adjudication [In
re A.L.L.] (04-1-10).
On December 18, 2003, the Fort Worth Court of
Appeals held that it would continue to apply the criminal factual sufficiency
standard of review in delinquency cases because the State's burden of proof in
such cases is beyond a reasonable doubt.
Claim
that State must allege prior misdemeanor adjudications to support TYC commitment
not preserved for appeal [In re M.D.H.] (04-1-09).
On December 18, 2003, the Fort Worth Court of
Appeals held that the juvenile had not preserved for appeal the claim that the
State must allege prior misdemeanor adjudications to support a TYC commitment
upon the third misdemeanor adjudication.
Attorney
General says that child referred for contempt of JP court may be detained if
criteria warrant, but not placed in secure post-adjudication facility [No.
GA-0131] (04-1-08).
On December 15, 2003, the Texas Attorney General
said that a child referred to the juvenile court for contempt of a JP court may
be detained if juvenile detention criteria warrant, but may not be placed in a
secure post-adjudication facility. This opinion clarifies Opinion Attorney
General No. JC-0454 (2000).
Court of
appeals has no original habeas jurisdiction in juvenile case [In re L.L.]
(04-1-07).
On December 10, 2003, the San Antonio Court of
Appeals held that it lacks jurisdiction in an original habeas corpus action
challenging a juvenile court order of detention.
When
mother signed notice of appeal she may seek dismissal of the appeal [In re
R.R.J.] (04-1-06).
On December 10, 2003, the Dallas Court of Appeal
dismissed an appeal on request of the respondent's mother when the mother had
signed the original notice of appeal.
Juvenile
court lost jurisdiction to revoke probation when respondent became 18 [In re
A.B.] (04-1-05).
On December 5, 2003, the Houston First District
Court of Appeals held that under the Texas Supreme Court's opinion in N.J.A. the
juvenile court lost jurisdiction over the State's motion to modify disposition
when the respondent became 18 before probation was revoked.
Failure
to defense attorney to subpoena alibi witness to adjudication hearing was
ineffective assistance of counsel [In re I.R.] (04-1-04).
On December 4, 2003, the El Paso Court of Appeals
held that the failure of the respondent's attorney to subpoena a witness who
would have testified that respondent was out of town with his family on the date
of the assault was ineffective assistance of counsel.
Evidence
sufficient to prove intent to arouse or gratify element of indecency with a
child [In re D.B.] (04-1-03).
On December 4, 2003, the Fort Worth Court of
Appeals upheld an adjudication for indecency with a child over a claim that the
13-year-old respondent was intending only to be funny-not to arouse or gratify
his sexual desires--when he touched two girls inappropriately.
Court of
Appeals upholds TYC commitment under abuse of discretion standard [In re S.R.M.]
(04-1-02)
On December 3, 2003, the San Antonio Court of
Appeals upheld a commitment to TYC under its abuse of discretion standard.
Attorney
General says unemancipated 17-year-old child is not a missing child when parents
know the child's whereabouts [GA-0125] (04-1-01).
On November 25, 2003, the Texas Attorney General
opined that under the missing persons statute, law enforcement authorities are
not authorized to return an unemancipated 17-year-old to parents when the
parents know the whereabouts of the child.
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