Legal Opinion · Dissent

In the Interest of D.S.

Mississippi Supreme Court

Decided December 7, 2006No. 2005-CA-01381-SCTPublished

1DissentDiaz, Justice

¶ 19. Because jurisdiction was properly vested in the youth court after transfer from the circuit court and because youth courts have original jurisdiction over minors charged with statutory rape, I must respectfully dissent.

¶ 20. For clarification, the facts are as follows: D.S. was arrested and charged in youth court with fondling on April 2, 2003. However, the youth court prosecutor never brought a delinquency petition on this charge. Nineteen months later, the district attorney brought another case against D.S. for the same incident in circuit court, but for sexual battery. The circuit…

2Cases cited16 opinions

  1. Breed v. JonesSupreme Court of the United States · 1975
  2. Thompson v. OklahomaSupreme Court of the United States · 1988
  3. City of Natchez, Miss. v. SullivanMississippi Supreme Court · 1992
  4. Franklin v. Franklin Ex Rel. PhillipsMississippi Supreme Court · 2003
  5. Loden v. Mississippi Public Service CommissionMississippi Supreme Court · 1973

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