Comments for Delinquency Defense Law Forum

Comment on Policing the Schools by law forum

law forum — Sat, 26 Sep 2009 22:35:51 +0000

While we may not be able to reverse the trend of using the courts for allegations of school-based crime, we should do all we can to defend our clients once those allegations become cases in court. I would tend to agree with this conclusion and assessment. good article!

Comment on Policing the Schools by Eric Zogry

Eric Zogry — Wed, 29 Jul 2009 14:20:30 +0000

Great post, Barb. I did want to mention that when arguing these cases, it’s important to note the different standards (and sometimes results) for confessions versus seizures. It’s interesting that the court has ruled in both directions for seizures (In re S.W., 614 S.E.2d 424 (2005) (school related), In the Matter of I.R.T., 647 S.E.2d 129 (2007) (outside of schools)), but that the same analysis for “free to leave” standard could be applied in both contexts. For confessions, I think as you stated, I believe the COA is moving in the direction of a “reasonable juvenile” standard, but in the context of whether or not there has been “a formal arrest or restraint on the freedom of movement to the degree associated with a formal arrest.” I’m wondering if this is a harder burden to overcome than “free to leave” for seizures?

Comment on Welcome by bfedders

bfedders — Tue, 30 Jun 2009 18:34:21 +0000

Great post, Whitney. The Supreme Court is hearing arguments in the case of J.D.B. on 9/10, which is a similar factual pattern and had a much better record in the trial court. Stay tuned and hope for the best!