Presentation on theme: "Published Cases Concerning Delinquencies Competency In re John Z. (2014) 223 Cal.App.4 th 1046: The court must hold a competency hearing once a doubt."— Presentation transcript:
Published Cases Concerning Delinquencies
Competency In re John Z. (2014) 223 Cal.App.4 th 1046: The court must hold a competency hearing once a doubt has been declared. Who has the burden of proof at juvenile competency hearings? (In re R.V. (2013) 217 Cal.App.4 th 296, review granted Sept. 25, 2013, S )
Counsel Joshua P. v. Superior Court (2014) 226 Cal.App.4 th 957: The public defenders office that declared a conflict in a previous petition shall represent the minor in a subsequent petition.
Crimes – Disturbing the Peace In re Fernando C. (2014) 227 Cal.App.4 th 499: Disturbing the peace on school campus can be punished by Penal Code section 415.5, and it cannot be punished by section 415. In re J.C. (Aug. 19, 2014, C075043): Education Code section 32210, making it a misdemeanor to disturb the peace on a school campus, is constitutional.
Crimes - Gangs People v. Johnson (2013) 57 Cal.4 th 250: There is a crime of conspiracy to commit a gang crime. On review: Can a criminal street gang be proven by crimes from different Norteno groups? (People v. Prunty (2013) 214 Cal.App.4 th 1110, review granted June 26, 2013, S )
Crimes - Prostitution In re Aarica S. (2014) 223 Cal.App.4 th 1480, In re M.V. (2014) 225 Cal.App.4 th 1495: Despite new human trafficking laws to protect underage girls who find themselves in prostitution, they can still be made wards of the court for acts of prostitution.
Dispositional hearings - DJF In re D.B. (2014) 58 Cal.4 th 941: The minor committed a DJF qualifying offense and then the court sustained a petition for only non-qualifying offenses. He could not be sent to DJF. In re Edward C. (2014) 223 Cal.App.4 th 813, In re K.J. (2014) 224 Cal.App.4 th 1194: The minor could be committed to DJF upon a VOP, though it was not a DJF offense when the crime was committed.
Disposition - Probation In re Gary F. (2014) 226 Cal.App.4 th 1076: The minor could not be ordered to pay attorney fees. People v. Ebertowski (Aug. 13, 2014, H039865): The court can order the minor provide all passwords to his cell phones, computers, and Internet sites.
Disposition - Probation On review: Can a probationer be barred from any parking lot of a chain store after a shoplifting? (People v. Moran [nonpub. opn.], review granted Mar. 24, 2014, S ) Can the court require the probationer to participate in polygraph testing and counseling and waive his right against self-incrimination and to the psychotherapist-patient privilege? (People v. Garcia (2014) 224 Cal.App.4 th 1283, review granted July 16, 2014, S218197, et al.)
Disposition - Restitution Luis M. v. Superior Court (2014) 5 Cal.4 th 300: Victim restitution for graffiti clean-up cannot be based on the average cost to the city of all graffiti incidents.
On review: Was defendant's Sixth Amendment right to confrontation violated by the gang expert's reliance on testimonial hearsay? (People v. Sanchez (2014) 223 Cal.App.4 th 1, review granted May 14, 2014, S ) Evidence
Fitness/Jurisdiction In re V.C. (2013) 217 Cal.App.4 th 814: WI § (traffic infractions shall not be handled by the juvenile court) does not apply when the minor was originally charged with a misdemeanor. On review: May there be direct filing in adult court under section 707(d) when criminal proceedings are commenced with an indictment, not a complaint? (People v. Arroyo (2014) 225 Cal.App.4 th 1378, review granted July 23, 2014, S )
In re K.C. (2013) 220 Cal.App.4 th 465: Although WI § 654 does not permit converting victim restitution into a civil judgment after completing informal supervision, the minor has no remedy if there is no objection in the juvenile court. Informal Supervision
Interrogations In re J.G. (July 25, 2014, A139869) [minor's age relevant]; United States v. Preston (9 th Cir. 2014) 751 F.3d 1008 (en banc) [low intelligence] United States v. I.M.M. (9 th Cir. 2014) 747 F.3d 754 [reading the Miranda rights to the minor's mother with the minor present was insufficient].
Interrogations On review: Does asking a defendant about gang affiliations at the jail require a Miranda warning or is it properly part of the booking questions? (People v. Elizalde (2013) 222 Cal.App.4 th 351, review granted Apr. 9, 2014, S )
Jurisdictional Hearings In re Alonzo J. (2014) 58 Cal.4 th 924: A minor cannot plead no contest over counsel's objection. In re Ricardo C. (2013) 220 Cal.App.4 th 688: If the minor admits the petition with an agreed upon disposition, the court cannot order a less restrictive disposition.
Punishment as Adults People v. Gutierrez (2014) 58 Cal.4 th 1354: There is no presumption of LWOP when a minor is convicted of murder with special circumstances, and resentencing shall occur where the courts believed otherwise.
Punishment as Adults On review: Is a virtual juvenile LWOP sentence cruel and unusual punishment, and does recent legislation permitting early parole or resentencing cure the problem? (In re Alatriste (2013) 220 Cal.App.4 th 1232, review granted Feb. 19, 2014, S )
Registration In re David R. (2013) 219 Cal.App.4 th 626: A minor cannot be required to register as an arsonist if he has not been committed to DJF. On review: Should People v. Hofsheier (2006) 37 Cal.4 th 1185 be overruled? (Johnson v. Superior Court [nonpub. Opn.], review granted May 1, 2013, S )
Searches and Seizures Riley v. California (2014) 134 S.Ct. 2473: A cell phone cannot be searched incident to an arrest without a warrant or exigent circumstnaces. People v. Turner (2013) 219 Cal.App.4 th 151: The police had reasonable suspicion to detain the defendant when there was a report of one with a gun near a school after making threats.
Truancy In re A.M. (2013) 220 Cal.App.4 th 1494: The court can require a truant to wear a GPS monitor.