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In The Interest Of C. W., A Child

CourtCourt of Appeals of Georgia
Docket No.A18A0364
DecidedMay 15, 2018
Reporter157 Ga. App. 180
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureDue ProcessMotion to DismissPreservation of ErrorReversalSex CrimesProcedural LabyrinthsRipley's Believe It Or NotTales From the Crypt
Case Summary

A juvenile delinquency petition charged the juvenile with attempted aggravated sodomy, attempted sodomy, sexual battery, and simple battery. The first two counts described the alleged victim only as “the victim,” while the other counts identified victims by name. After witnesses were sworn at the adjudicatory hearing, the juvenile’s lawyer made an oral motion to dismiss the two unnamed-victim counts as constitutionally defective. The juvenile court granted the motion, but the Georgia Court of Appeals reversed. The appellate court agreed that a delinquency petition must give enough factual detail to identify the alleged misconduct and allow the juvenile to prepare a defense, and that the two counts were deficient because they did not name the victim. But the motion was not timely or properly made: it was oral, raised after jeopardy attached, and followed an earlier detention hearing at which the victim’s name had been disclosed. Under those circumstances, counsel had intentionally waited until the State could no longer amend the petition, waiving the right to challenge the petition as imperfect in form. The court reversed the dismissal of both counts.

Opinion

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In The Interest Of C. W., A Child — The Atlanta Gleaner