Legal Opinion · Dissent

S.H. v. State

Court of Civil Appeals of Alabama

Decided June 27, 2003No. 2020400Published

1DissentYates, Presiding Judge

The juvenile court treated this truancy/child-in-need-of-supervision (“CHINS”) proceeding as a criminal matter; therefore, this appeal should have been filed in the Court of Criminal Appeals so that S.H. could be afforded the constitutional and statutory rights to which she is entitled. Compare State v. K.C.L., 823 So.2d 1287 (Ala.Crim.App.2001)(appeal in a proceeding on a truancy/CHINS petition). Accordingly, I would transfer the appeal to the Court of Criminal Appeals.

2Cases cited1 opinion

  1. State v. K. C. L.Court of Criminal Appeals of Alabama · 2001