In re Danielle J

Illinois Supreme Court
Civil Court
Case Number: 
2013 IL 110810
Decision Date: 
December 19, 2013
1st Dist.
Cook Co.
Circuit court vacated in part and reversed in part; remanded.
MInor was found guilty of misdemeanor battery against a schoolmate, arising from fight in high school. Juvenile proceedings were fundamentally unfair because trial court and counsel did not understand that a continuance under supervision cannot be granted at dispositional hearing or sentencing, as it is statutorily precluded once a finding of guilt is entered.Failure of court and counsel to raise option of supervision at earlier stage in proceedings, before entry of finding of guilt, was error which affected minor's substantial rights.(GARMAN, FREEMAN, THOMAS, KILBRIDE, and THEIS, concurring; and KARMEIER, concurring.)