In the Matter of the Welfare D.J.F.-D.
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The case involves a juvenile, D.J.F.-D., who was charged with a gross misdemeanor offense. The juvenile court found D.J.F.-D. incompetent to proceed and suspended the proceedings against him for one year. During this period, the State filed its first notice of intention to prosecute D.J.F.-D., extending the suspension for another year. Subsequently, the juvenile court made two additional findings of incompetency. Before the extended suspension period expired, D.J.F.-D. moved to dismiss the proceedings, arguing that Rule 20.01, subdivision 7(A) of the Minnesota Rules of Juvenile Delinquency Procedure allows the State to file only one notice of intention to prosecute. The juvenile court denied his motion, which was affirmed by the court of appeals in a divided opinion.
The Supreme Court of Minnesota was asked to determine whether Rule 20.01, subdivision 7(A), allows the State to file more than one notice of intention to prosecute a child found incompetent to proceed. The court concluded that the rule permits the State to file more than one notice of intention to prosecute, provided that the juvenile court continues to make findings of incompetency. This decision allows the suspension of delinquency proceedings to be extended until the child either regains competency or ages out of juvenile jurisdiction. The court affirmed the decision of the court of appeals.
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