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People v. Johnson
Proposition 57's requirement that the juvenile court find a minor fit for adult court transfer need not be waived personally by the accused; defense counsel may waive it alone.
Juveniles 4DCA/2 Feb. 13, 2020
In re J.M.
Welfare and Institutions Code Section 336.26(c)(4) allows the juvenile court to select a permanent plan under specified conditions without first finding a child adoptable.
Juveniles 6DCA Jan. 28, 2020
In re Q.R.
An electronic search condition is not unconstitutionally overbroad as applied to minor if the nature of minor's crimes is directly related to using electronic devices.
Juveniles 6DCA Jan. 28, 2020
In re A.J.
Respondents created a fundamental unfairness that constituted prejudice when they failed to provide incarcerated juvenile with custody hearing notice and refused to appoint him counsel.
Juveniles 2DCA/5 Jan. 27, 2020
In re M.B.
An analysis of restitution fines under Penal Code Section 1202.4 is inapplicable to restitution fines imposed in juvenile court under Welfare and Institutions Code Section 730.6.
Juveniles 2DCA/6 Jan. 14, 2020
In re L.W.
An issued three-year restraining order is a reasoned and reasonable response to minors being sexually assaulted at high school football game by delinquent.
Juveniles 2DCA/6 Jan. 9, 2020
Andrew M. v. Superior Court (Contra Costa)
A Proposition 57 hearing not is considered a 'new trial' for defendant's juvenile murder conviction when sentence remanded to juvenile court because no adjudication.
Juveniles 1DCA/5 Jan. 8, 2020
In re M.T.
Restitution order to pay for victim's stolen phone after fight was not appealable because there is no final judgment when a minor is placed on informal supervision.
Juveniles 1DCA/3 Dec. 27, 2019
D.W. v. Superior Court (Los Angeles)
Proposition 57 did not relieve the People of their duty to make a prima facie showing that a juvenile actually committed the charged offense when seeking transfer to adult court.
Juveniles 2DCA/8 Dec. 11, 2019
In re I.I.
Welfare and Institutions Code Section 300(f) petition must be sustained even if there is no evidence that the minors currently at issue had been abused, neglected, or at risk of harm.
Juveniles 2DCA/1 Dec. 5, 2019
In re Jones
The Legislature had a rational basis to narrow Penal Code Section 1170(d)(2)'s resentencing provision to juvenile LWOP defendants, while denying the same opportunity to 18 - 25 year old LWOP defendants.
Juveniles 1DCA/4 Nov. 26, 2019
R.E. v. Superior Court (Santa Clara)
Welfare and Institutions Code Section 208.5(a) should not be interpreted to deny juvenile courts the authority to order commitment for wards who violate probation after they turn 19.
Juveniles 6DCA Nov. 25, 2019
Modification: O.G. v. Superior Court
Senate Bill No. 1391 was inconsistent with Proposition 57 as a matter of law because it prohibited what Proposition 57 authorized, so petitioner may be prosecuted in adult court.
Juveniles 2DCA/6 Oct. 23, 2019
In re R.C.
Under the natural and probable consequences doctrine, a juvenile aider and abettor is guilty of the offense that was a likely consequence of the crime committed, despite his adolescence.
Juveniles 2DCA/6 Oct. 22, 2019
In re J.M.
Court errs when it dismisses petition for lack of sufficient evidence of current risk of harm when reason why such evidence is lacking is because parent absconded with children.
Juveniles 2DCA/5 Oct. 7, 2019
B.M. v. Superior Court
Senate Bill 1391 protects minors from transfers to criminal court and is valid because it furthers each of Proposition 57's express purposes, including the bill's goal of limiting prosecutorial discretion.
Juveniles 4DCA/2 Oct. 3, 2019
O.G. v. Superior Court
Senate Bill No. 1391 was inconsistent with Proposition 57 as a matter of law because it prohibited what Proposition 57 authorized, so petitioner may be prosecuted in adult court.
Juveniles 2DCA/6 Oct. 2, 2019
People v. Francis A.
Because juvenile's brushing of Officer's hand was incidental to his attempt to move away from Officer's hand, juvenile did not act willfully or unlawfully; thus, there was insufficient evidence of battery.
Juveniles 1DCA/2 Sep. 26, 2019
People v. Superior Court (Santa Clara)
Senate Bill 1391 furthered Proposition 57's stated purposes and bolstered its voter-approved repealing of Proposition 21, so it did not unconstitutionally amend either initiative.
Juveniles 6DCA Sep. 24, 2019
In re Alonzo M.
An electronic search condition for a juvenile's probation is appropriate under 'People v. Lent' so long as the condition is related to the future of the juvenile's criminality.
Juveniles 1DCA/4 Sep. 24, 2019
In re I.A.
The legislative intent of Welfare and Institutions Code Section 361.5(b)(10) allows juvenile courts to deny reunification services to parents who have already failed at reunification and failed to improve.
Juveniles 4DCA/2 Sep. 20, 2019
In re A.J.
Juvenile court's finding that minor was not eligible for informal supervision because juvenile wardship petition alleged an offense for which restitution could exceed $1,000 was appropriate.
Juveniles 1DCA/3 Sep. 18, 2019
In re D.R.
For dependency hearings, a court fails to provide notice to a parent with due diligence when it does not perform a search based on the unique information provided.
Juveniles 2DCA/8 Sep. 4, 2019
In re J.F.
When a party fails to reference an earlier order in a notice of appeal, a court may not liberally construe the order to include an appeal of the earlier order.
Juveniles 4DCA/2 Aug. 28, 2019
In re N.C.
Minor's commitment to Division of Juvenile Justice was not based on insufficient evidence of probable benefit, and potential alternative programs were properly deemed ineffective or inappropriate.
Juveniles 1DCA/3 Aug. 28, 2019
In re Nicole S.
Trial court did not err in ruling that attorney fees pursuant to Code of Civil Procedure Section 1021.5 are not recoverable in a dependency proceeding.
Juveniles 1DCA/4 Aug. 28, 2019
In re L.C.
When determining legal guardianship in juvenile court, physical harm of a minor is not presumed from a parent or guardian's substance abuse.
Juveniles 2DCA/1 Aug. 14, 2019
In re A.M.
Department of Juveniles Facilities official's testimony provided substantive evidence to support juvenile court's finding of a probable benefit to minor from a Department of Juveniles Facilities commitment.
Juveniles 1DCA/5 Aug. 8, 2019
P. v. Superior Court (I.R.)
Murder charge against real party in interest allegedly committed when he was 15-years-old cannot be transferred to criminal court based on separate felony offense he committed when he was 17.
Juveniles 5DCA Aug. 7, 2019
In re C.M.
Family Code Section 3044, which creates a presumption that joint legal custody is not in the child's best interest if domestic violence is present, does not apply to dependency hearings.
Juveniles 2DCA/5 Aug. 2, 2019