In Re Ch
703 S.E.2d 407
Ga. Ct. App.2010Background
- In A10A1545, 15-year-old C.H. appeals from a delinquency finding for criminal damage to property in the second degree after damaging a rental home while moving furniture with Wilson and other juveniles.
- July 30, 2009, Wilson and juveniles returned to a home after moving out furniture; the door was kicked in and substantial damage occurred, with repair costs around $4,000.
- C.H. initially denied involvement but admitted to being in the home and that the group kicked and pushed the door, causing damage; Wilson testified about the group moving items.
- The juvenile court adjudicated C.H. delinquent under OCGA § 16-7-23(a)(1) for criminal damage to property in the second degree.
- In A10A1546, C.H. challenges the unruly adjudication, asserting the petition lacked sufficient factual detail to meet due process requirements.
- The petition in A10A1546 merely stated that C.H. was habitually disobedient to his mother, with no particularized facts, mirroring the statutory definition of unruly child.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of adjudicatory hearing | C.H. argues ten-day deadline violated. | State contends continuance within discretion and hearing within ten days was permissible. | Hearing held within ten days after filing, despite continuance. |
| Admissibility of C.H.'s custodial statement | Statement obtained with valid waiver and no coercion. | Statement violated rights or improper waiver. | Statement admissible; knowing and voluntary waiver established by factors. |
| Sufficiency of evidence for delinquency | Evidence showed intentional damage exceeding $500 and participation by C.H. | Insufficient proof that C.H. personally engaged in the act. | Evidence sufficient to sustain delinquency adjudication. |
| Adequacy of petition for unruly child | Petition sufficiently alleged unruly conduct. | Petition failed to plead specific misconduct with particularity. | Reversed; petition for unruly adjudication vacated for lack of particularity. |
Key Cases Cited
- In the Interest of C.R., 292 Ga.App. 346 (2008) (hearing timing may be within court's discretion; not automatic dismissal)
- In the Interest of E.S., 262 Ga.App. 768 (2003) (adjudicatory hearing timing and continuances)
- State v. McBride, 261 Ga. 60 (1991) (factors for knowing and intelligent waiver by a juvenile)
- In the Interest of B.Y., 257 Ga. App. 253 (2002) (support for voluntariness of statements by juveniles)
- McKoon v. State, 266 Ga. 149 (1996) (jurisprudence on juvenile statements and admissibility)
- In the Interest of J.L.H., 289 Ga.App. 30 (2007) (standard for reviewing delinquency evidence)