| Abuse of Discretion |
| Document Description |
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AOB Arguing Lack of Probable
Benefit from Commitment to CYA (posted Sept. 2005).
Therapist and probation officer state that minor won't
get necessary mental health treatment.
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AOB Arguing Abuse of Discretion
in Commitment to CYA, In re Andrew G., no.
A105329 (Cal.Ct.App. 1st Dist., Div. 5; Aug. 31, 2004);
Read unpublished opinion in Andrew G. here.
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Reply Brief Arguing Abuse of
Discretion in Commitment to CYA, In re Andrew
G., no. A105329 (Cal.Ct.App. 1st Dist., Div. 5;
Aug. 31, 2004); Read unpublished opinion in Andrew
G. here.
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Motion for Judicial Notice of
Legislative History of 1984 Amendment to WI section
202. (The five-part legislative history is
posted on FDAP's CYA Other
Resources page.) New - posted
Sept. 9, 2005
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Motion for Judicial Notice of
Farrell Complaint & CYA Report. Panel
attorneys arguing on appeal that the juvenile court
abused it discretion in commiting a minor to CYA might
consider relying on the complaint in Farrell v. Harper
and the CYA reports This sample “Request for
Judicial Notice” which can be used as a template
for a motion for judicial notice of the reports and/or
complaint, and the consent decree.
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| 779 Proceedings |
| Document Description |
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Sample Petition for Modification
of CYA Commitment
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| Section 731(b) Discretion
in Determining Maximum Term of Confinement |
| Document Description |
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Motion for Judicial Notice of
Amicus Brief of Youth Law Center (YLC) in In re Sean
W., no. A107500 (1st Dist., Div. 2). (Posted
Mar. 3, 2005.)
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Amicus Brief of Youth Law Center
(YLC) in In re Sean W., no. A107500 (1st Dist.,
Div. 2). (Posted Jan. 19,
2005.)
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AG's Respondent's Brief Regarding
Failure to Exercise Discretion in Determing Maximum
Confinement Time Under Recently Amended Section 731(b).
(Brief signed Oct. 28; Posted
here Dec. 21; Note: large file.)
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AOB Arguing Failure to Exercise
Discretion in Determing Maximum Confinement Time Under
Recently Amended Section 731(b), author: Thea
Greenhalgh.
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Argument: Matter must be remanded
because the juvenile court failed to exercise its discretion
in setting the maximum term of confinement, author:
Jenny Huang.
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| Insufficient Evidence of
Probable Benefit |
| Document Description |
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Argument: Committing a minor
to CYA without sufficient evidence of probable benefit,
a statutory mandate, violates the minor's due process
rights, author: Rita Swenor.
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Argument: CYA commitment order
should be reversed because there was a lack of evidence
in the record demonstrating that the minor would probably
benefit from a CYA commitment, author: Jenny
Huang.
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