State v. V.H., 429 S.W.3d 243

Appellee V.H. was adjudicated a juvenile delinquent in 2003 (age 16), pleaded no contest to second-degree sexual assault, committed to youth services, placed on probation, and later ordered to register as a moderate-risk sex offender.
The court dismissed his case in 2007; V.H. filed a petition under Ark. Code Ann. § 9-27-356(h) (2007) seeking removal from the sex-offender registry, noting he would turn 21 on Oct. 21, 2007.
The court ordered risk assessments and reclassified V.H. as a Level I (low) offender in 2008; V.H. filed a later § 9-27-356(h) petition in 2012 seeking removal of his name from the registry.
The State moved to dismiss, arguing the circuit court lacked jurisdiction because V.H. was 25 when he filed and that § 9-27-356(h) permits filing only on the 21st birthday.
The Baxter County Circuit Court granted V.H.’s 2012 petition and removed his name; the State appealed, raising (1) whether it could bring the appeal under appellate rules and (2) whether the court had jurisdiction under § 9-27-356(h).
The Arkansas Supreme Court held the State’s appeal was permissible as a civil appeal arising from a collateral proceeding and affirmed the circuit court’s order, concluding the statute allows petitions either while the court has juvenile jurisdiction or when the juvenile turns 21, whichever is later.

Issue	State's Argument	V.H.'s Argument	Held
Whether the State’s appeal was procedurally proper without complying with Ark. R. App. P.–Crim. 3	Appeal improper unless Rule 3 satisfied; juvenile appeals limited to circumstances permitting State appeals in criminal proceedings	Appeal is a civil collateral proceeding so Rule 3 does not apply; State may appeal without Rule 3	Majority: Appeal arises from collateral civil proceeding; Rule 3 not required; appeal proper
Whether circuit court had jurisdiction to grant removal when V.H. was 25	§ 9-27-356(h) requires petition to be filed on the 21st birthday; no jurisdiction after juvenile jurisdiction lapses	§ 9-27-356(h) permits petition “at any time while the court has jurisdiction or when the juvenile turns 21, whichever is later,” so court retained jurisdiction and may hear petition after 21	Court: Statute’s plain language allows filing while court has jurisdiction or when juvenile turns 21, whichever is later; therefore court had jurisdiction and removal proper
Statutory interpretation standard to use	N/A (applies to both)	N/A	Court applies plain-meaning rule, avoiding absurd results; “or” is disjunctive and creates alternative timings for filing
Whether constitutional amendment 80 provides alternative jurisdictional basis	State did not raise this as controlling	V.H. alternatively invoked amendment 80 to support jurisdiction	Court resolved case on statutory grounds; did not rely on Amendment 80

State v. A.G., 383 S.W.3d 317 (Ark. 2011) (limits on State’s right to appeal in juvenile delinquency cases)
State v. Nichols, 216 S.W.3d 114 (Ark. 2005) (State appeals in criminal cases are governed by Rule 3)
State v. Webb, 281 S.W.3d 273 (Ark. 2008) (appeal from expungement treated as civil collateral appeal; Rule 3 not required)
State v. Burnett, 249 S.W.3d 141 (Ark. 2007) (appeal of order sealing record is collateral civil appeal; Rule 3 inapplicable)
State v. K.H., 368 S.W.3d 46 (Ark. 2010) (distinguishing defendant’s right to appeal from the State’s limited appellate rights)
Robinson By & Through Robinson v. Shock, 667 S.W.2d 956 (Ark. 1984) (juvenile-code treatment differs from adult criminal process)