Legal Opinion

In re C.M.T.

Superior Court of Pennsylvania

Decided October 29, 2004PublishedCited by 11 opinions

1Opinion of the Court

BECK, J.:

¶ 1 In this appeal from an order of the juvenile court adjudicating a high school student dependent, we address the burden of proof required to establish that a child is “habitually and without justification truant from school” under 42 Pa.C.S.A. § 6302. We hold that the Commonwealth bears the burden of proving that the truancy is “without justification.” We further hold that in this case, the hearing court *351erred in refusing to allow appellant to present evidence to justify her absence from school. For these reasons, we vacate the order and remand for further proceedings.

¶ 2 C.M.T.,…

2Cases cited20 opinions

  1. Patterson v. New YorkSupreme Court of the United States · 1977
  2. Breed v. JonesSupreme Court of the United States · 1975
  3. Ettinger v. Triangle-Pacific Corp.Superior Court of Pennsylvania · 2002
  4. Matter of DeSavageSuperior Court of Pennsylvania · 1976
  5. Zieber v. BogertSupreme Court of Pennsylvania · 2001

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

3Cited by11 opinions

  1. In the Interest of C.M.Superior Court of Pennsylvania · 2005
  2. In the Interest of J.B.Superior Court of Pennsylvania · 2012
  3. Interest of K.J.V.Superior Court of Pennsylvania · 2007
  4. A.J.B. v. M.P.B.Superior Court of Pennsylvania · 2008
  5. State v. BradleyConnecticut Appellate Court · 2012

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

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