In re Trevor G.

Juvenile Trevor G. was arraigned on a delinquency petition alleging he had endangered the welfare of a minor. He moved to dismiss the petition because none of the State's witnesses against him were present, and therefore the State could not proceed with its case. The State acknowledged none of its witnesses were present and did not object to the motion, but requested leave to file for reconsideration if it learned there was a good reason why its witnesses did not show. The case was dismissed for lack of prosecution, and the State did not move for reconsideration. A few months later, the State refiled its petition. Trevor moved to dismiss, arguing that the adjudicatory hearing was outside the statutory time limit. The court again held a hearing, and again the witnesses did not show. The Court denied Trevor's motion, finding that because Trevor initiated the dismissal, the State was not barred from re-filing. The Supreme Court granted the trial court's request for interlocutory appeal. The issue before the Court was whether the trial court erred in its conclusion that the statutory time limits for the State to re-file its delinquency petition for lack of prosecution was not violated because the dismissal was initiated by the juvenile. The Supreme Court concluded that the trial court erred in its interpretation, and reversed the order denying Trevor's motion to dismiss. View "In re Trevor G." on Justia Law