In re R.R

13 Citing cases

  1. People v. Vincent K. (In re Vincent K.)

    2013 Ill. App. 112915 (Ill. App. Ct. 2014)   Cited 17 times
    Questioning the minor's standing to challenge his stayed adult sentence because “respondent has not violated the provisions of his juvenile sentence and, accordingly, his adult sentence has not kicked in”

    In re J.W., 204 Ill.2d 50, 69, 272 Ill.Dec. 561, 787 N.E.2d 747 (2003). ¶ 45 Both parties agree that this court has previously addressed the issue of whether a minor in a delinquency proceeding has a right to relief under the Act and has found that he does not. See In re R.R., 75 Ill.App.3d 494, 495, 31 Ill.Dec. 159, 394 N.E.2d 75 (1979); In re A.W.H., 95 Ill.App.3d 1106, 51 Ill.Dec. 483, 420 N.E.2d 1041 (1981); see also In re Buchanan, 62 Ill.App.3d 463, 465, 19 Ill.Dec. 607, 379 N.E.2d 122 (1978) (collateral attack via Post–Conviction Hearing Act unavailable to juvenile offenders); In re Thomas, 77 Ill.App.3d 299, 300, 32 Ill.Dec. 918, 396 N.E.2d 31 (1979) (citing In re Buchanan, 62 Ill.App.3d 463, 19 Ill.Dec. 607, 379 N.E.2d 122). In In re R.R. as well as In re A.W.H., this court specifically held that minor-respondents do not fall within the parameters of the Act, which clearly defines who can seek relief under the Act, because proceedings in juvenile court are not criminal trials that result in convictions.

  2. In re A.W.H

    95 Ill. App. 3d 1106 (Ill. App. Ct. 1981)   Cited 9 times

    On August 29, 1979, the minor filed a pro se post-conviction petition in which he alleged that at the July 1977 hearing he was (1) adjudicated delinquent based on insufficient evidence and (2) denied effective assistance of counsel. The trial court entered the following order on November 26, 1979: "Post-conviction Petition dismissed pursuant to In the Interest of R.R., 394 N.E.2d 75, 31 Ill. Dec. 159 (2d 1979). Notices.

  3. Clay v. Dir., Juvenile Div., Dept. of Corr

    749 F.2d 427 (7th Cir. 1984)   Cited 25 times

    Elson, although concerned and vigorous in his representation, also failed Clay. Second, as Clay points out, Illinois law limited the routes for relief available to her. For example, collateral remedies provided in the Illinois Post-Conviction Hearing Act, Ill.Rev.Stat. ch. 38, ¶ 122-1 et seq., have been held unavailable to juveniles in most circumstances. See In re A.W.H., 95 Ill. App.3d 1106, 1107, 51 Ill.Dec. 483, 484, 420 N.E.2d 1041, 1042 (5th Dist. 1981); In re R.R., 75 Ill.App.3d 494, 495-96, 31 Ill.Dec. 159, 160-61, 394 N.E.2d 75, 76-77 (2d Dist. 1979), cert. denied, 447 U.S. 928, 100 S.Ct. 3025, 65 L.Ed.2d 1122 (1980). Because there was little record of Clay's constitutional claims in the trial court, the most Clay could have hoped for on appeal was a remand to the trial court.

  4. In re J.T

    221 Ill. 2d 338 (Ill. 2006)   Cited 220 times
    Finding no need for an authoritative determination of moot issue where appellate court cases on that issue were uniform

    See, e.g., In re A.W.H., 95 Ill. App. 3d 1106, 1107 (1981); In re R.R., 75 Ill. App. 3d 494, 496 (1979). Accordingly, we hold that compliance with the Rule 604(d) certificate requirements is required in juvenile proceedings.

  5. In re A.G

    195 Ill. 2d 313 (Ill. 2001)   Cited 43 times
    Holding that attorney certificate requirement of Rule 604(d) applies to juvenile proceedings and stating that "all of the provisions of Rule 604(d) would be useful and applicable to juvenile proceedings"

    Additionally, application of the rule to juvenile proceedings is particularly important given that this court has not reviewed holdings of the appellate court concluding that relief from such proceedings is unavailable under the Post-Conviction Hearing Act. See, e.g., In re A.W.H., 95 Ill. App.3d 1106, 1107 (1981); In re R.R., 75 Ill. App.3d 494, 496 (1979). Accordingly, we hold that compliance with the Rule 604 (d) certificate requirement is required in juvenile proceedings.

  6. In re W.C

    167 Ill. 2d 307 (Ill. 1995)   Cited 264 times
    Holding the standard of review in juvenile adjudication is whether, after viewing evidence in light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt

    Nonetheless, the application of such safeguards and standards does not transform delinquency proceedings into criminal proceedings or indicate that a fully adversarial process is developed. (See In re Beasley, 66 Ill. 2d at 390 (rejecting use of Supreme Court Rule 402 in delinquency process); People ex rel. Carey v. White (1976), 65 Ill.2d 193 (best interests of minors under traditional dispositional alternatives would not be served by jury trials); People ex rel. Hanrahan v. Felt (1971), 48 Ill.2d 171 (allowing civil discovery in juvenile practice, but permitting court, in its discretion, to regulate use); In re R.R. (1979), 75 Ill. App.3d 494 (petition for post-conviction relief not available in juvenile delinquency proceedings).) The Act contains no statement incorporating general criminal practice rules or the provisions of the Code of Criminal Procedure.

  7. In re W.W

    97 Ill. 2d 53 (Ill. 1983)   Cited 39 times

    " Nor is a proceeding under the Juvenile Court Act denominated a "conviction." ( In re R.R. (1979), 75 Ill. App.3d 494.) Rather, such proceedings are to be administered in a spirit of humane concern for the minor and to promote both the welfare of the minor and the best interests of the community. Ill. Rev. Stat. 1979, ch. 37, par. 701-2; In re Beasley (1977), 66 Ill.2d 385, 389.

  8. People v. T.C. (In re T.C.)

    2024 Ill. App. 221880 (Ill. App. Ct. 2024)

    This court has consistently held that the act does not reach juvenile adjudications. See In re Vincent K, 2013 IL App (1st) 112915, ¶ 50; In Interest of R.R., 75 Ill.App.3d 494, 496 (1979); In Interest of A.W.H., 95 Ill.App.3d 1106, 1108 (1981).

  9. People v. Knapp

    2019 Ill. App. 2d 160162 (Ill. App. Ct. 2019)   Cited 23 times

    Nor is a proceeding under the Juvenile Court Act denominated a ‘conviction.’ ( In re R.R. (1979), 75 Ill. App. 3d 494, 31 Ill.Dec. 159, 394 N.E.2d 75.) Rather, such proceedings are to be administered in a spirit of humane concern for the minor and to promote both the welfare of the minor and the best interests of the community. Ill. Rev. Stat. 1979, ch. 37, par. 701-2; In re Beasley (1977), 66 Ill. 2d 385, 389, 6 Ill.Dec. 202, 362 N.E.2d 1024.

  10. W.B.S. v. State

    192 So. 3d 417 (Ala. Crim. App. 2015)   Cited 7 times
    Holding that the plain language of Rule 32.1 precludes "juveniles who have been adjudicated delinquent" from seeking postconviction relief under Rule 32

    Additionally, even if a state chose to provide postconviction collateral review of criminal convictions, there is no constitutional requirement for that state to extend such review to juvenile-delinquency proceedings. See, e.g., In Interest of R.R., 75 Ill.App.3d 494, 496, 31 Ill.Dec. 159, 394 N.E.2d 75, 76 (1979) (“We do not believe that the provisions of the Post–Conviction Act, directly applicable to criminal proceedings, should be extended to juvenile proceedings.”).