CHILDREN AND THE LAW
...Delinquency Matters
......Post-Disposition Issues
.........Appeal
............Case Law
11 Cards On This Topic:
  • In context of contested jurisdictional hearing and appeal challenging sufficiency of evidence, no adequate substitute for complete record.
  • DA's appeal cognizable where trial court exceeded its authority in dismissing count, adding count and allowing M to admit the new allegation as part of plea bargain — appeal did not threaten M's probation and not barred by W&IC 800(c).
  • Routine continuation of a previous order without change does not revive the right to appeal the merits of a previous order that has become final.
  • Minor found guilty of curfew violation by hearing officer at Informal Juvenile and Traffic Court has no right to appeal to Court of Appeal.
  • Welf. & Inst. Code §800 (c) does not preclude a minor from appealing order granting probation.
  • Mother has no standing to appeal son's Welf. & Inst. Code §602 wardship and home probation order.
  • People may appeal order sustaining, w/out leave to amend, M’s demurrer to PC §12022.1 enhancement allegation.
  • Since Ms not yet placed in jeopardy, People had right to appeal dismissal order following grant of suppression motion [W&IC §800(b)(4)].
  • Reversal not required where no prejudice; clerk’s detailed minutes adequately substitute for verbatim record of jurisdictional hearing.
  • M did not waive right to rehearing because of court’s failure to have jurisdictional hearing reported; no right and no waiver where hearing held by commissioner, not referee (W&IC 252).
  • Court’s erroneous advisement of maximum penalty at jurisdictional hearing waived if not raised at dispositional hearing.