Tag Archives: juvenile

Minn. Sup. Ct. reins in expungement power

Minnesota Lawyer (subscription required) has an interesting article regarding expungement of adult and juvenile cases.

In this decision, the Minn. Sup. Ct. declined to recognize a court’s inherent authority to order expungement of executive branch records of an adult’s criminal history (State v. M.D.T.).  When explaining prior precedent, the court differentiated State v. C.A., where the language was dicta and the case did not involve executive records.

The Minn. Sup. Ct. also narrowly construed a juvenile’s statutory expungement remedy in companion cases (In the Matter of the Welfare of: J.J.P.).  Here, the court held that the authority of the court under Minn. Stat. sec. 260B.198 is limited to the order adjudicating the juvenile delinquent.

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Filed under Appellate, courts, legal decision, Minnesota, Privacy Rights, state, Supreme Court

TN County agrees to reform judicial system

The ABA Journal Blog reports on a ground-breaking agreement between TN Shelby County and the US Dep’t of Justice.  The agreement regards the juvenile judicial system, includes the following provisions:

  • Teens will be advised of their Miranda Rights;
  • Teens will get a probable cause hearing on detention within 48 hours; and
  • Teens will get help from specially trained public defenders.

This agreement arose from a federal investigation which found the following:

  • Black teens were twice as likely as white teens to be detained;
  • Black teens were transferred to adult criminal court for low-level offenses;
  • Black teens were subjected to unnecessary restraints;
  • Black teens were not advised of their Miranda rights; and
  • Black teens were held in detention on weekends and holidays because no probable cause hearings were held.

via A Tennessee County Agrees to Grant New Protections to Accused Juveniles in Template for Reform – News – ABA Journal.

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