Juvenile Petition

In OCCA case No. J 2013-0130, D.I.S. appealed his conviction for assault and battery with a dangerous weapon. In a published decision, the court decided to reverse the order adjudicating D.I.S. as a delinquent child and remand the matter to the District Court with instructions to dismiss. One judge dissented. This case began when a Juvenile Petition was filed on July 25, 2012, against D.I.S., who was just 14 years old. He was charged with three counts of assault and battery with a dangerous weapon in Pontotoc County. After a hearing on February 5, 2013, the judge found that D.I.S. had committed the offenses and declared him a delinquent child. He was ordered to stay with his mother under supervision until another court hearing about his situation. D.I.S. appealed this decision, arguing that the evidence wasn’t strong enough to prove he used a dangerous weapon, or that he had intent to cause serious harm. The law requires that to be declared a delinquent child, the evidence must clearly show proof beyond a reasonable doubt. The appeals court agreed with D.I.S. and said that the evidence was not sufficient to support the idea that he was guilty of assault and battery with a dangerous weapon. Therefore, they reversed the previous ruling and instructed the lower court to dismiss the case against him. The case was important because it highlighted the need for strong evidence when judging a child in the juvenile justice system. The court made it clear that if the facts aren’t strong enough, they cannot find a child guilty of serious charges. This ruling protects the rights of young people by ensuring they are only judged based on solid evidence.