X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

M. W. and D. H. were tried jointly before the Juvenile Court of Bleckley County on charges of felony obstruction of an officer and simple battery, and both defendants were adjudicated delinquent by reason of their commission of the charged offenses. On appeal, both defendants raise the same two enumerations of error: 1 the adjudication on the charge of felony obstruction of an officer pursuant to OCGA § 16-10-24 b must be reversed because the individual who was assaulted was not an officer protected by the statute; and 2 the evidence was insufficient to support the juvenile court’s finding of guilt because the state failed to negate the evidence that M. W. and D. H. were acting in self defense. We consolidate these cases for disposition in a single appeal and affirm the juvenile court. When reviewing the sufficiency of evidence supporting a juvenile court’s adjudication, we apply the same standard of review used in criminal cases. We construe the evidence in favor of the court’s adjudication and determine if a rational trier of fact could have found beyond a reasonable doubt that the juvenile committed the acts charged.1 So viewed, the record shows that both M. W. and D. H. were wards of the state. M. W. was committed to the State of Georgia in the care of the Department of Juvenile Justice “DJJ” by the Juvenile Court of Dougherty County on December 5, 2007, and D. H. was so committed by the same court on November 15, 2007. In January 2008, M. W. and D. H., both of whom were sixteen years old at the time, were placed into the custody of the Middle Georgia Wilderness Program the “MGWP” by the DJJ. The MGWP is operated by a private corporation in accordance with requirements set forth by the DJJ. Pursuant to its contract with the DJJ, the MGWP houses youth committed to the state, effectuating the DJJ’s purpose to supervise, detain, and rehabilitate juvenile delinquents committed to the state’s custody. On February 28, 2008, M. W. and D. H. attended class led by Danny McLaughlin, the MGWP’s science and social studies teacher. According to McLaughlin, M. W. brought a paper into the classroom that D. H. read out loud, which disrupted the class. McLaughlin asked D. H. to be quiet, but he refused, so McLaughlin called Cornelius James, a team leader, to remove D. H. from class. Minutes after James removed D. H. from the room, M. W. stuck his head out of the classroom door and yelled, “what are y’all doing to my boy” M. W. then left the room, heading toward James and D. H. McLaughlin watched M. W. walk toward the office where he encountered Joe Ricks, the program manager.

Ricks testified that as the program manager, his primary responsibility was to work with the youth when team leaders encountered difficulties with them. On the day of the incident, Ricks was meeting with one of the team leaders in his office when he heard over the radio that M. W. had walked out of class. Ricks walked toward the classroom, meeting M. W. en route. Ricks testified that M. W. stated that he needed to see what was happening to D. H., and that Ricks repeatedly told M. W. to return to the classroom, but he refused.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›