In Re Agr
359 S.W.3d 103
Mo. Ct. App.2011Background
- Sixteen-year-old A.G.R. faced a status offense alleging injurious behavior related to sexual acts involving a minor.
- A.G.R. was found mentally incompetent; the court appointed a guardian ad litem in addition to his counsel.
- The Juvenile Officer pursued status offense petitions rather than delinquency charges.
- The court denied motions to dismiss or suspend proceedings during incompetence and proceeded to disposition.
- Judgments ordered services, therapy, and restrictions, and eventually released A.G.R. from jurisdiction, though he appealed.
- The appeal concerns mootness but the court reached merits under public-interest exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process on incompetence; dismissal/suspension | A.G.R. argues due process requires dismissal or suspension due to incompetence. | Proceedings are civil status offenses; GAL protects interests; not required to dismiss. | Denied |
| Standard of proof at adjudication for status offense | Winship requires beyond a reasonable doubt for acts that would be crimes if adult. | Status offenses use clear and convincing standard; court may choose basis for jurisdiction. | Not error; clear and convincing standard applied |
| Suppression of statements and Miranda rights | Statements obtained before Miranda warnings violated section 211.059. | Statements were volunteered and not the result of interrogation; 211.059 warnings apply differently. | Denied |
| Compliance with 211.061.1 transfer to court | Immediate transfer to juvenile court required; any delay was improper. | Brief information-sharing with parent at nearby location did not unreasonably delay. | Denied |
Key Cases Cited
- In re Winship, 397 U.S. 358 (U.S. 1970) (requires beyond a reasonable doubt for delinquency adjudications)
- Application of Gault, 387 U.S. 1 (U.S. 1967) (due process rights in juvenile proceedings)
- In the Interest of I.M.B., 897 S.W.2d 146 (Mo. App. W.D.1995) (clear and convincing standard in jurisdictional petitions alleging need for care)
- In the Interest of W.J.S.M., 231 S.W.3d 278 (Mo. App. E.D.2007) (competence and guardian ad litem for civil juvenile proceedings)
- Bradley P. Grill, Status Offenses, The Missouri Bar 4th ed.2011 (2011) (contextual discussion of status offenses; not a reporter citation)
- In re T.S.G. v. Juvenile Officer, 322 S.W.3d 145 (Mo.App. W.D.2010) (public interest and mootness considerations in juvenile appeals)
- State v. Andrews, 329 S.W.3d 369 (Mo. banc 2010) (application of due process rights to juveniles in delinquency contexts)