Juvenile Law Center

Juvenile and Criminal Justice

In the Interest of D.A.S.

Juvenile Law Center filed an appeal to overturn the delinquency adjudication of an 11-year-old with a neurological disability (Asperger's Syndrome), whose classroom conduct was the subject of 14 offenses in two delinquency petitions filed at his school district's urging.  Juvenile Law Center argued for reversal of the delinquency adjudication because the juvenile court did not admit or consider D.A.S.'s disability. The evidence would have shown that D.A.S. lacked the "intent" necessary to commit the offenses and that his conduct was not voluntary, and that he acted in self-defense because he believed the force to be necessary to protect himself.

The Superior Court affirmed the adjudications in an unpublished, non-precedential opinion.

An appeal to the Supreme Court of Pennsylvania was denied.

Details

Citation
902 A.2d 988
Case Number
668 MDA 2005, 669 MDA 2005
Type
Direct
Date
August 19, 2005
Court
Pennsylvania Superior Court
State of Origin
Pennsylvania

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