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In the Interest of T.B.

CourtSupreme Court of Georgia
Docket No.S22A0287
DecidedJune 1, 2022
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureDue ProcessStatutory InterpretationFirst ImpressionVacaturRemand
Case Summary

A Georgia juvenile court adjudicated the child delinquent based on conduct alleged to violate the Criminal Code and denied the request for a forensic psychological evaluation. The child argued that Georgia’s insanity and delusional-compulsion defenses were available in juvenile delinquency proceedings. The Supreme Court of Georgia held that the Juvenile Code’s text and structure incorporate those Criminal Code defenses in most delinquency cases based on an act designated a crime under state law. The court rejected the juvenile court’s categorical conclusion that a child could never assert insanity in such a proceeding. It vacated the order denying the evaluation and remanded for reconsideration under the correct legal framework. The Court did not reach whether the Constitution independently requires an insanity defense in juvenile court because the statutory interpretation resolved the case.

Opinion

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