In re J.D.W.
| Docket Number: | 2003-CA-01580-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-07-2004 Holding: Reversed and remanded |
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| Additional Case Information: |
Topic: Juvenile justice - No appellee brief - Insufficient record Procedural History: Bench Trial Nature of the Case: CIVIL - JUVENILE JUSTICE |
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| Trial Court: |
Date of Trial Judgment: 05-21-2003 Appealed from: Lawrence County Youth Court Judge: W. Terrell Stubbs Disposition: J.D.W. WAS FOUND TO BE A DELINQUENT CHILD AND COMMITTED TO THE DEPARTMENT OF HUMAN SERVICES DIVISION OF YOUTH SERVICES, COLUMBIA TRAINING SCHOOL. Case Number: 02-D-0166 |
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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 - No appellee brief - Insufficient record |
| Summary of the Facts: | A youth court petition was filed against J.D.W., a minor. A hearing was held before the youth court referee and J.D.W. was adjudicated delinquent and sent to Columbia Training School to remain until he is twenty. He was thirteen at the time. J.D.W. appeals. |
| Summary of Opinion Analysis: | The order of commitment signed by the referee was a form order which recited no facts, and the order denying the motion to reconsider also gives no indication of any factual basis for the court’s decision. The appellee, the Youth Court of Laurence County, did not file an appellee’s brief, but rather filed “Appellee’s Motion to Dismiss and Appellee’s Response to Brief for Appellant” contending that the hearing was held before the youth court referee, not a youth court judge, and that pursuant to section 43-21-111 (5) a rehearing by the judge shall be allowed if any party files a written motion for rehearing within three days after notice of the referee’s order. When the appellate court is presented with only one side of the argument to review, an insufficient record and a judgment that has not clear support from the record, it will reverse and remand. In this case, the issues raised by the appellant have not been addressed and there is definitely an insufficient record. Therefore, the case is reversed and remanded with directions that, if the court determines that the charges against the appellant should be revived, that a full hearing before the youth court judge should be held and that this hearing should be of record. |
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