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State ex rel. D.D.H. v. Dostert

269 S.E.2d 401 (1980)

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State ex rel. D.D.H. v. Dostert

West Virginia Supreme Court of Appeals

269 S.E.2d 401 (1980)

Facts

On April 25, 1979, the state filed a delinquency petition against D.D.H. (defendant), who was 12 years old at the time. The petition alleged D.D.H. committed four acts that the state would charge as felonies if committed by an adult defendant. At the preliminary hearing, the court found probable cause that D.D.H. was guilty of breaking and entering into a store and of grand larceny of a pickup truck. D.D.H. was released to her mother, but when she missed school, D.D.H. was committed to detention center without a hearing. After her attorneys secured her release from the detention center, D.D.H. was arrested for allegedly stealing another car, and the state committed her to the Morgan County Jail without a hearing and without any record of why D.D.H. was committed to the facility. When the juvenile court conducted a dispositional hearing, the court had not adjudicated D.D.H. as delinquent. D.D.H. appealed the juvenile court’s order committing her to a juvenile detention center, naming state officials including Dostert (plaintiff).

Rule of Law

Issue

Holding and Reasoning (Neely, C.J.)

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