Juvenile Adjudications

This wikilog article is a draft, it was not published yet.

by: Ryan • January 30, 2011 • no comments

Jess mentioned this in his comment on my -0 Almendarez-Torres post, but I thought it was worth reminding everyone separately. If the state plans to use juvenile adjudications to move your client along the sentencing grid, they must prove those adjudications to a jury, absent an admission or jury waiver by your client. St v. Harris.

Because the juvenile are Blakely-facts, they must be treated as such. Which means, at a minimum, written notice from the prosecutor that he or she intends to prove those adjudications to the jury. (I also think a preliminary hearing is required, which is discussed here.) If you waive jury, but haven't been given any such notice, then it can't be said your client waived jury as to those adjudications.

And of course, as adjudications, they can't be treated as predicate for the REPO statutes. But y'all know that, I'm sure.