Juvenile's Right to Trial by Jury; Right Extended by Kansas Supreme Court

In Re E.R., Kansas Court of Appeals Decision

2008-12-13T07:20:00.002-06:00

The Kansas Court of Appeals has ruled that Juvenile's cannot be dually charged with a violation of the State's Romeo & Juliette law. If you want to read the briefs go to the blog for this case by clicking HERE!

If you want to read the opinion click HERE!

If you are an attorney and you have a client with a PERSON FELONY because of Romeo & Juliette violation you might want to go back and check the birth dates of the parties. You could potentially get rid of the conviction and DRASTICALLY change the sentencing outcome in your case.

New Case!

2008-12-12T15:12:00.002-06:00

The Kansas Court of Appeals issued a new ruling today that ONLY the OLDER child can be charged with a Romeo-Juliette violation. A website with the briefs for the case may be put up soon, especially if you are interested in reading the briefs. You can read the opinion at http://www.kscourts.org/Cases-and-Opinions/opinions/ctapp/2008/20081212/100197.htm

Buzz Out There

2008-11-16T09:10:00.002-06:00

It appears that there may be some Law Journal/Review articles coming about the case. I have heard that the legislature might be told by some folks to GO BACK to the WAY IT USED TO BE and reinstate Parens Patriae and pass something that says that Juvenile Convictions cannot be used against children as adults. Also, there is another very interesting case out of California where the Juvenile Law Center is seeking to prevent what has happened in Kansas, and other jurisdictions, where courts are allowing Juvenile Convictions to used against adults. The brief is EXCELLENT. You can read the brief at http://www.jlc.org/litigation/57/

Thanks for all the work of the Juvenile Law Center!!!

Paul

No Real Response from Legislature

2008-11-16T09:08:00.000-06:00

At this point there has been no real response from the legislature. I will post what I find out on this site.

MOTION FOR REHEARING DENIED

2008-11-06T07:26:00.002-06:00

The Kansas Supreme Court denied the Solicitor General's motion for rehearing. The mandate was issued on September 23, 2008. That will be posted here eventually.

LEGISLATIVE RESPONSE

2008-07-16T20:58:00.004-05:00

I truly wonder how the legislature is going to respond. Personally I prefer that the juvenile system be reformed and return to a parens patrie approach. The court should be more paternalistic. I also hope that the language of the statute where it basically "used to say" that no order of the court should be construed to be a "criminal act" or conviction be returned/reinstated, and that Lamunyon and Hitt is reversed by legislation. If this doesn't happen then the right to trial by jury should always exist!

All Comments Welcome

2008-07-10T16:29:00.005-05:00

I welcome any comment or insight that anyone has on this topic, especially how you have used the arguments or how you plan on using the arguments in this case in your state. I may be posting other items of interest at a later date.

Paul Shipp, Kansas Legal Services