Maryland case law › In re Stephen J.

In re Stephen J.

48 Md. App. 736 (1981) · Maryland Court of Special Appeals
Maryland Court of Special AppealsDisposition: ReversedMorton, J.✓ Good law
HoldingA delinquency petition was filed against Stephen J.

Morton, J., delivered the opinion of the Court. A delinquency petition was filed in the Circuit Court for Prince George’s County, Juvenile Causes Division, on May 13, 1980, charging Stephen J. with burglary and related offenses. The State filed a petition for waiver of juvenile jurisdiction on July 15,1980. After a hearing on August 15,1980, the petition was dismissed.

The adjudicatory hearing on the delinquency petition was set for September 15, 1980. 737 At the hearing on that date counsel for the juvenile moved to dismiss the petition on the ground that the hearing on September 15, 1980, "is over thirty days past the dismissal or denial of the waiver .. . He argues that the holding of an adjudicatory hearing on that date (concededly 31 days after the denial of the State’s petition) would be in violation of Maryland Rule 914. That rule provides, in part: "RULE 914. ADJUDICATORY HEARING. a.

Requirement. After a juvenile petition has been filed, and unless jurisdiction has been waived, the court shall hold an adjudicatory hearing. b. Scheduling of Hearing. An adjudicatory hearing shall be held within sixty days after the juvenile petition is served on the respondent.

However: (i) if a waiver petition is filed, an adjudicatory hearing shall be held within thirty days after the court’s decision to retain jurisdiction at the conclusion of the waiver hearing .. . .” In dismissing the delinquency petition, the juvenile judge stated: "THE COURT: Gentlemen, I am going to shoot from the hip but in light of some of the other

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