State v. T.S.
798 N.W.2d 649
N.D.2011Background
- State petitioned for T.S. to be found delinquent and unruly for two acts of disorderly conduct.
- First act: in classroom, T.S. shouted incoherently, threw objects, kicked aide, and was removed to principal’s office.
- Second act: on a bus, T.S. screamed insults and used profanity toward the driver, who restrained him.
- Juvenile court found T.S. delinquent and unruly and deferred disposition to appoint counsel for C.S.
- Dispositional hearing found T.S. requires placement outside the home for about one year; father requested shorter duration.
- Appeal challenged sufficiency of evidence and failure to sua sponte order a competency hearing, court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence to deem T.S. delinquent and unruly | C.S. argues insufficient evidence | State argues evidence shows intent to harass and disrupt | Not clearly erroneous; evidence supports intent to commit acts |
| Whether T.S. had requisite criminal intent given age over seven | C.S. contends lack of intent due to age | State asserts presumption of capacity for seven-year-olds and older | T.S. over seven; sufficient evidence of intent found |
| Whether due process requires a competency hearing before adjudication | C.S. asserts right to competency hearing | State argues no automatic right without doubt of incompetence | Due process requires competency determination; issue reviewed for obvious error; no error here |
| Whether the juvenile court’s failure to sua sponte order a competency hearing was obvious error | C.S. argues obvious error | State contends record did not raise sufficient doubt | Not obvious error; record did not raise sufficient doubt about competency |
Key Cases Cited
- Dusky v. United States, 362 U.S. 402 (U.S. 1960) (tests for competency to stand trial (Dusky standard))
- Gleeson, 619 N.W.2d 858 (ND 2000) (competency determinations in juvenile proceedings adopt Dusky test; substantial rights preserved)
- State v. Roberson, 639 N.W.2d 690 (ND 2002) (due process safeguards; trial court must hold competency hearing when doubt arises)
- Interest of A.R., 781 N.W.2d 644 (ND 2010) (clear standard for reviewing factual findings; deference to credibility determinations)