The Delaware Superior Court granted a motion to suppress statements from a police interrogation of a 15-year-old youth with ADHD, finding that the youth did not knowingly, voluntarily, or intelligently waive his Miranda rights. The court reasoned: In summary, over the course of approximately three hours, a fifteen-year-old child was woken up, handcuffed, placed in a holding…
The Delaware Family Court granted a motion for relief from sex offender registration requirements in Delaware in a case involving an individual who was adjudicated of a sex offense as a youth in New Jersey and now works full-time in Delaware. The court stated in relevant part: First, under the Privileges and Immunities Clause of Article…
The Delaware Family Court granted an expungement petition of a previous juvenile sex offense adjudication based on testimony showing low recidivism risk and specific collateral consequences related to the juvenile record. The court stated in relevant part: In considering a petition for discretionary expungement under 10 Del. C. § 1018(a)(3), the Court is tasked with finding whether the…
The Delaware Family Court granted a youth’s suppression motion, finding that age and race must be considered when determining whether a seizure has occurred under the Fourth Amendment. The court states in relevant part: “Children are not adults. In J.D.B. v. North Carolina, the Supreme Court decided that children should not be treated like adults for the purposes of…
