305 Ga. 820
Ga.2019Background
- On May 11, 2017, the Richmond County juvenile court adjudicated M.F. delinquent for criminal attempt to enter an automobile and placed him on 12 months' probation.
- M.F. filed a notice of appeal on May 31, 2017; the appeal was docketed in the Court of Appeals on October 23, 2017.
- On appeal M.F. argued the evidence was insufficient to support the delinquency adjudication.
- M.F.'s probation expired on May 11, 2018 while the appeal was pending.
- The Court of Appeals dismissed the appeal as moot on May 22, 2018, finding no record evidence of continuing adverse collateral consequences from the juvenile adjudication.
- The Georgia Supreme Court granted certiorari, reversed the Court of Appeals, and remanded for merits review, holding collateral consequences from juvenile adjudications are presumed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appeal of juvenile delinquency adjudication is moot after disposition expires | M.F.: Appeal remains live because adjudication can cause ongoing collateral consequences | State: Treat juvenile adjudications like misdemeanor convictions — appellant must show collateral consequences in the record | Court: Not moot; collateral consequences from delinquency adjudications are presumed, so no need to record specific consequences |
| Standard for presuming collateral consequences when sentence/disposition expires | M.F.: Juvenile status and statutory scheme justify presumption of continuing adverse effects | State: Cite OCGA § 15-11-606 — adjudication is not a criminal conviction and civil disabilities are not imposed, so no presumption | Court: OCGA § 15-11-606 does not eliminate other tangible adverse consequences; presumption applies to juvenile adjudications on appeal |
Key Cases Cited
- Shelley v. Town of Tyrone, 302 Ga. 297 (Ga. 2017) (mootness is jurisdictional and must be resolved before the merits)
- Collins v. Lombard Corp., 270 Ga. 120 (Ga. 1998) (mootness doctrine and mandatory dismissal of moot actions)
- In the Interest of I.S., 278 Ga. 859 (Ga. 2005) (criminal mootness can be defeated by adverse collateral consequences)
- Atkins v. Hopper, 234 Ga. 330 (Ga. 1975) (presumption of collateral consequences for expired felony convictions)
- Abebe v. State, 304 Ga. 614 (Ga. 2018) (misdemeanor appellants must show record evidence of continuing collateral consequences)
- In the Interest of M.D.H., 300 Ga. 46 (Ga. 2016) (juvenile delinquency adjudications can affect later juvenile or criminal proceedings and carry continuing consequences)