State v. J.L.M.
| Docket Number: | 2007-CA-01160-SCT | |
| Supreme Court: | Opinion Link Opinion Date: 12-04-2008 Opinion Author: Diaz, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Juvenile justice - Appeal by State - Section 99-35-103(a) - Youth court adjudication - Double jeopardy Judge(s) Concurring: Waller, P.J., Carlson, Graves and Dickinson, JJ.; Smith, C.J., Concurs in Part. Judge(s) Concurring Separately: Carlson, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ. Dissenting Author : Easley, J., without separate written opinion. Concur in Part, Concur in Result 1: Randolph and Lamar, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - JUVENILE JUSTICE |
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| Trial Court: |
Date of Trial Judgment: 06-11-2007 Appealed from: PEARL RIVER COUNTY CIRCUIT COURT Judge: Prentiss Harrell Disposition: J.L.M. was adjudicated as a delinquent child and pleaded no contest to two counts of sexual battery by the Youth Court of Pearl River County. The case was originally in the Circuit Court of Pearl County, which transferred the case to the Youth Court. Case Number: K2006-652E |
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| Party Name: | Attorney Name: | |||
| Appellant: | STATE OF MISSISSIPPI |
ELIZABETH P. TODD |
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| Appellee: | J.L.M. | GAIL D. NICHOLSON |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Juvenile justice - Appeal by State - Section 99-35-103(a) - Youth court adjudication - Double jeopardy |
| Summary of the Facts: | J.L.M., sixteen years of age at the time, and cousin B.S., then eight years of age, were sitting in a car outside a house where adult relatives were playing cards. Exactly what happened in the car is contested, but based on the incident, the State brought two charges of sexual battery against J.L.M. The petition for adjudication originally was filed with the Youth Court of Pearl River County, but the Youth Court dismissed the matter for lack of jurisdiction. J.L.M. later was indicted for two counts of sexual battery in Pearl River County Circuit Court. J.L.M. then filed a Motion to Refer Case to Youth Court, which was opposed by the State. After a hearing, the circuit court judge ordered the case to be referred to youth court. The Youth Court of Pearl River County accepted the transfer. J.L.M. was adjudicated a delinquent child and pleaded no contest to two counts of sexual battery. J.L.M.’s Order of Disposition, filed on the same day, mandated a fine and a psychological evaluation. The State appeals the circuit court judgment to refer the matter to youth court. |
| Summary of Opinion Analysis: | Pursuant to section 99-35-103(a), the State may appeal from a judgment sustaining a demurrer to, or a motion to quash an indictment, or an affidavit charging crime. The State argues that the circuit court’s decision in the immediate case meets this standard. The United States Supreme Court has held that the Fifth Amendment protection against double jeopardy applies to youth court proceedings. Even if the transfer in this case had been appealable at one time, the State lost that opportunity when the youth court entered a final judgment. Once an adjudicatory hearing has been held, any further adjudicatory action on the part of either youth court or a circuit court will constitute double jeopardy. The youth court having entered a final judgment, the State’s appeal of the transfer from circuit court is barred by the Fifth Amendment. This determination renders the State’s remaining argument moot. |
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