In re B.C.P.
2012 IL App (3d) 100921
Ill. App. Ct.2012Background
- In June 2010 the State filed a petition under the Juvenile Court Act seeking to adjudicate 13-year-old B.C.P. as a delinquent ward.
- B.C.P. moved to suppress an inculpatory statement made to a police officer and a child protection worker; a hearing was held and the trial court granted suppression.
- The State filed a certificate of impairment and appealed the suppression ruling on an interlocutory basis.
- The State argued Rule 604(a)(1) is incorporated into juvenile proceedings through Rule 660(a) to allow interlocutory review.
- B.C.P. argued Rule 660(a) covers final judgments and Rule 662 governs limited interlocutory appeals; neither provision supports this appeal here.
- The appellate court dismissed the interlocutory appeal for lack of jurisdiction, concluding the suppression order was not appealable under Rule 660(a) or Rule 662.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State may appeal a suppression order in a juvenile case | State: Rule 604(a)(1) incorporated via Rule 660(a) grants interlocutory appeal. | B.C.P.: Rule 660(a) covers final judgments; Rule 662's limited interlocutory ground is not met; no jurisdiction. | No jurisdiction; appeal must be dismissed. |
Key Cases Cited
- In re Olivia C., 371 Ill. App. 3d 473 (2007) (interlocutory appeal limitations in juvenile cases)
- In re Hershberger, 132 Ill. App. 3d 332 (1985) (interlocutory appeals in juvenile proceedings)
- In re J.N., 91 Ill. 2d 122 (1982) (jurisdiction to review interlocutory appeals in juvenile cases)
- In re A.M., 94 Ill. App. 3d 86 (1981) (rules governing juvenile delinquency appeals)
- People v. Brooks, 187 Ill. 2d 91 (1999) (final judgments; suppression orders not final judgments)
- People v. Martin, 67 Ill. 2d 462 (1977) (discussion of Rule 604(1) applicability in juvenile context)
- People v. DeJesus, 127 Ill. 2d 486 (1989) (treatment of Rule 604(1) applicability in juvenile context)
- In re K.E.F., 235 Ill. 2d 530 (2009) (role of Rule 660(a) and Rule 604(1) in juvenile appeals)
