Articles Posted in Juvenile Law

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Defendant was charged with first degree assault and an associated armed criminal action count under Mo. Rev. Stat. 571.015.1. Defendant, who was a juvenile at the time of the offenses, moved to dismiss the armed criminal action charge on the ground that the application of the sentencing provisions of section 571.015.1 to juvenile offenders is unconstitutional. The trial court agreed with Defendant, concluding that section 571.015.1 is unconstitutional as applied to all juvenile offenders and declared unconstitutional the three-year mandatory minimum incarceration requirement for juveniles who are certified to stand trial as adults. The State subsequently filed this interlocutory appeal challenging the trial court’s determination regarding the constitutional validity of section 571.015.1. The Supreme Court dismissed the State’s appeal, holding that the State has no right to appeal this interlocutory decision under section 547.200.1, nor does the trial court’s decision constitute a final judgment from which the State is entitled to appeal under section 547.200.2. View "State v. Smiley" on Justia Law

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Appellant, a juvenile, was convicted of first-degree attempted rape. The juvenile court ordered that Appellant register on the juvenile sex offender registry. Appellant appealed, arguing that ordering him to register as a sexual offender for his lifetime, pursuant to Mo. Rev. Stat. 211.425 and 589.400.1(6), violated his constitutional rights. The Supreme Court dismissed Appellant’s claims without prejudice, holding that Appellant’s challenge to the enforcement of section 589.400.1(6), which was not made part of the judgment against Appellant, was not ripe for review, and the lack of justiciability precluded relief in this action. View "S.C. v. Juvenile Officer" on Justia Law

Posted in: Juvenile Law