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Archive for Saturday, January 26, 2002

Crime Briefs

January 26, 2002

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Court rules children can be held in contempt

A 14-year-old Douglas County girl wasn't too young to be in contempt of court and detained for it, the Kansas Supreme Court ruled Friday.

The ruling stemmed from a 2001 case in which the girl was put in Social & Rehabilitation Services custody after repeatedly running from home and missing school.

Douglas County District Judge Jean Shepherd ordered the girl to attend summer school or perform two hours community service for each hour of school missed.

The girl refused to comply. Shepherd found her in contempt ordering she be placed on house arrest at The Shelter and attend the day detention school at Douglas County Juvenile Detention.

The girl appealed, her attorney saying there is no provision or precedent in state law to detain a child for contempt. The Kansas Supreme Court rejected the appeal.

"Otherwise," Justice Bob Abbot wrote, "children would be able to frustrate provisions for their care and welfare by petulantly declaring their refusal to cooperate with the orders of the court."

Probation violator loses appeal ruling

A Douglas County man who spent more than 60 days in jail on a misdemeanor probation violation wasn't unfairly treated, the Kansas Supreme Court ruled Friday.

Gerald Thompson was sent to jail in June 2000 after his domestic battery probation was revoked. He appealed after more than two months in jail, saying state law prohibits jail terms of more than 60 days for felony probation violators; misdemeanor violators shouldn't be treated worse, he said.

The Kansas Supreme Court noted that felony prisoners can be sent to state prison after 60 days in county jail something misdemeanor violators never face.

"Felons are not preferentially treated," the court said in an unsigned opinion. "There is no merit to the defendant's argument."

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