State v. Johnson

OPINION

HARBISON, Justice.

This case presents the question of whether a juvenile, in appealing to the circuit court from a finding of delinquency pursuant to T.C.A. § 37-258(a), must exercise a demand for a jury trial pursuant to Rule 38 of the Tennessee Rules of Civil Procedure. The Court of Appeals held that this was not necessary and that the juvenile was entitled to a jury trial without demand under civil procedural rules.

After careful consideration of the contentions of the parties, we affirm the decision of the Court of Appeals.

A finding of delinquency is not equivalent, in legal theory,…