Legal Opinion

In re Schaefer

New York City Family Court

Decided December 4, 1978PublishedCited by 6 opinions

1Opinion of the Court

*489OPINION OF THE COURT

Edward J. McLaughlin, J.

A question of first impression is raised by the case now before the court. Does section 249-a of the Family Court Act, which states that "[a] minor who is a subject of a juvenile delinquency or person in need of supervision proceeding shall be presumed to lack the requisite knowledge and maturity to waive the appointment of a law guardian” (L 1978, ch 513), apply to a juvenile undergoing police interrogation? This court holds that it does.

I. FACTS

On October 25, 1978, a petition was filed with this court alleging that respondent, a 15-year-old boy,…

2Cases cited26 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Jackson v. DennoSupreme Court of the United States · 1964
  5. Escobedo v. IllinoisSupreme Court of the United States · 1964

21 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. In re Cheri H.New York City Family Court · 1983
  2. In re Dominick F.Appellate Division of the Supreme Court of the State of New York · 1980
  3. In re GiffordNew York City Family Court · 1982
  4. In re Robert O.New York City Family Court · 1981
  5. In re Terrence G.New York City Family Court · 1984

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API