Matthew J Appellate Practice Law Blog

Can a minor be detained beyond the maximum time available to a juvenile court?

Tuesday, January 13, 2009 by Matthew J. Ruff

The court in a decision led by Stephen Breyer, joined by Sandra O'Connor, John P. Stevens, David Souter, Anthony Kennedy, Ruth Bader Ginsburg, and William Rehnquist, held that the Constitution does not permit commitment of the type of dangerous sexual offender considered in Hendricks without any lack-of-control evaluation.   The United States Supreme Court held that an absolute finding of lack of control was necessary... Read More
Posted at 10:43 AM  |  PERMALINK
Topic: Appellate Practice

How much time does a juvenile have to appeal his or her case?

Wednesday, January 7, 2009 by Matthew J. Ruff

In California, Juvenile Court orders may be appealed from any final judgement as wells as denials of  700.1 motions.  Juvenile Court appeals are commenced with a filing of a notice pursuant to Penal Code section 1240.1.  The Juvenile notice of appeal must be filed within 60 days of judgemnt or 30 days of denial of rehearing.  If your child was facing a fitness hearing in juvenile court and was send to adult court, counsel only has 20 days from the first arraignment in adult c... Read More
Posted at 00:04 AM  |  PERMALINK
Topic: Appellate Practice
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