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In re Alex G., 09-36-Appeal

Supreme Court of Rhode Island
Aug 21, 2009
No. 09-36-Appeal, (FC PWA-08-0012142-2) (R.I. Aug. 21, 2009)

Opinion

No. 09-36-Appeal, (FC PWA-08-0012142-2)

August 21, 2009


ORDER

This is respondent juvenile Alex G.'s appeal from a Family Court adjudication that he was wayward. The adjudication was based for the most part upon offensive speech deemed by the trial judge to have constituted a violation of § 11-45-1(a)(2). The state, however, has now submitted a confession of error conceding that the Family Court judge erred in his determination and that under State v. Tavarozzi , 448 A.2d 1048 (R. I. 1982), a finding of waywardness on these facts was constitutionally impermissible.

Accordingly, pursuant to the confession of error, the respondent's appeal is sustained. The wayward adjudication is hereby reversed, and the papers in the case are ordered returned to the Family Court.

Entered as an Order of this Court this 21 st day of August 2009.


Summaries of

In re Alex G., 09-36-Appeal

Supreme Court of Rhode Island
Aug 21, 2009
No. 09-36-Appeal, (FC PWA-08-0012142-2) (R.I. Aug. 21, 2009)
Case details for

In re Alex G., 09-36-Appeal

Case Details

Full title:In re Alex G

Court:Supreme Court of Rhode Island

Date published: Aug 21, 2009

Citations

No. 09-36-Appeal, (FC PWA-08-0012142-2) (R.I. Aug. 21, 2009)