In re T.W.

• Decision Date: 21 April 2008
• Docket Number: No. 4-07-0182.,4-07-0182.
• Citation: 381 Ill. App. 3d 603,888 N.E.2d 148
• Parties: In re T.W., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. T.W., Respondent-Appellant).
• Court: United States Appellate Court of Illinois

888 N.E.2d 148

381 Ill. App. 3d 603

In re T.W., a Minor (The People of the State of Illinois, Petitioner-Appellee, v. T.W., Respondent-Appellant).

No. 4-07-0182.

Appellate Court of Illinois, Fourth District.

April 21, 2008.

Justice TURNER delivered the opinion of the court:

In October 2006, the State filed an amended petition for adjudication of wardship, alleging respondent, T.W., was a delinquent minor following the commission of the offenses of battery and disorderly conduct. In January 2007, the trial court adjudicated respondent delinquent based on a finding of guilty on all counts. In February 2007, the court found it in respondent's best interest that she be made a ward of the court and sentenced her to 24 months' probation.

On appeal, respondent argues (1) the trial court erred in finding probable cause of delinquency at the detention hearing, (2) her trial counsel was ineffective, (3) the State failed to prove her guilty of battery, and (4) her disorderly conduct adjudication should be reversed. We affirm in part and vacate in part.

I. BACKGROUND

In October 2006, the State filed an amended petition for adjudication of wardship, alleging respondent was a delinquent minor. The petition charged respondent with two counts of battery (720 ILCS 5/12-3(a)(1), (a)(2) (West 2006)), alleging that on September 12, 2006, she knowingly and without legal justification caused bodily harm to and made physical contact of an insulting or provoking nature with Alexis S. The petition also charged respondent with disorderly conduct (720 ILCS 5/26-1(a)(1) (West 2006)), alleging that on October 20, 2006, she knowingly engaged in certain conduct, fighting on a school bus, in such an unreasonable manner as to alarm or disturb Mark Goodwin and to provoke a breach of the peace.

In November 2006, the trial court conducted a detention hearing. The court called respondent and her mother, Tanya W., and questioned them under oath. Respondent testified she was 13 years old and a student at North Ridge Middle School. The court confirmed respondent and her mother received the amended petition and appointed the public defender. The court read the charges to respondent, explained the possible sentences, and admonished her as to her right to a trial.

The trial court then told Tanya W. that it had the option of putting respondent in detention if she testified her daughter was beyond her control. Tanya indicated she would like the court to address the issue of detention. The court then told the prosecutor to call respondent's mother as a witness. Tanya testified respondent had been kicked out of school for 10 days. She stated respondent does not follow rules well at home and has run away. Tanya stated she tried to control her daughter but it was hard considering she was a single parent and respondent did not listen to her.

The trial court found probable cause to believe respondent was delinquent. The court also found it was a matter of immediate and urgent necessity that respondent be detained pending the next court date. The court found no custodial alternative.

In January 2007, the trial court conducted the adjudicatory hearing. Alexis S. stated she was five years old. She testified to a situation a few months prior to the hearing where four girls came up to her and her friend "down by [her] old bus thingy [sic]." One girl came up to her, smacked her on the cheek, and pulled her hair. Later, Alexis's father arrived, as did the police. She pointed to one of the girls, but she did not think she would remember what the girl looked like if she saw her again.

Jeff S. testified he returned home from work on September 12, 2006, and stated his "wife was gone and said somebody had smacked and pulled Alexis's hair." He later found four girls and asked which one smacked his daughter and pulled her hair. The girls pointed at a girl down the road. Jeff S. went down and talked with the girl's mother. He explained to her that the four girls identified her daughter as the one who hit Alexis in the face and pulled her hair. The mother stated the four girls came to her house and started problems with her daughter. During this time period, a police officer arrived on the scene.

With an officer present, Jeff S. asked Alexis which one of the girls pulled her hair and smacked her. He held Alexis in his arms and pointed at each girl and asked her if that was the girl that hit her. Alexis responded in the negative as to the first three girls and positively to the last girl. Jeff S. described the girl as a young, heavyset African-American female wearing a blue shirt and blue jeans.

Danville police officer Eric Olsen testified he was approached by Jeff S. on September 12, 2006, with the report that one of four girls in the area had struck his daughter. Olsen stated Jeff S. pointed at each girl and asked Alexis if one of the girls hit her. Alexis said no to the first three girls and yes to respondent. Olsen made an in-court identification of respondent.

Officer Olsen then questioned respondent. She told him she was walking home with three friends when they observed Alexis outside her residence. The girls asked Alexis for a glass of water and she said no. Respondent stated her friend Tambriesha then struck Alexis in the face. Two of the other girls' mothers arrived and told him Shateri had been the one who pushed Alexis.

Mark Goodwin testified he was the principal at North Ridge Middle School. On October 20, 2006, Goodwin stated two students were fighting on a school bus. He and another staff member entered the bus and separated the two female students, who were hitting each other and pulling hair. Goodwin identified one of the girls as respondent. Because the bus was full, Goodwin was concerned with the risk of other students being injured.

On cross-examination, Goodwin stated the other female involved in the fight was Porsha E. He did not recall if she was involved in other fights prior to this incident. He also stated Porsha got into an altercation with respondent's sister after she was taken off the bus.

Respondent testified Porsha threatened to "beat [her] butt" when she got on the school bus. Porsha told others that respondent called the police on her at school, which respondent denied. Respondent testified Porsha "jumped up in [her] face" and "swung off" her. Respondent then hit her back, and the girls began fighting. When asked to leave the bus, respondent initially refused because she feared for her sister's safety.

Following closing arguments, the trial court found respondent guilty on all three counts and adjudicated her delinquent. As to the battery charges, the court found it clear the victim identified one of the four girls and respondent was the girl identified per the testimony of Officer Olsen. Jeff S.'s testimony that he pointed to each girl and asked Alexis if each one hit her offered "further credibility to [Alexis's] ability to identify." On the disorderly-conduct count, the court found respondent engaged in a fight in an unreasonable manner so as to alarm and disturb Goodwin and provoke a breach of the peace.

In February 2007, the trial court found it in respondent's best interest that she be made a ward of the court. The court sentenced her to 24 months' probation with the first 30 days to be served in the juvenile detention center. This appeal followed.

II. ANALYSIS

A. Detention Hearing

Respondent argues the trial court erred in finding (1) probable cause of delinquency without hearing evidence concerning the allegations in the State's amended petition and (2) an immediate and urgent necessity that respondent be detained despite no evidence of probable cause. The State argues these issues are moot since respondent is no longer detained and has been found delinquent of the charges. We agree with the State.

"It is a basic tenet of justiciability that reviewing courts will not decide moot or abstract questions or render advisory opinions. [Citation.] An appeal is considered moot where it presents no actual controversy or where the issues involved in the trial court no longer exist because intervening events have rendered it impossible for the reviewing court to grant effectual relief to the complaining party." In re J.T., 221 Ill.2d 338, 349-50, 303 Ill.Dec. 103, 851 N.E.2d 1, 7-8 (2006).

In the case sub judice, respondent concedes she is no longer detained and has been found delinquent of the charges. Thus, any decision by this court on this issue would be advisory in nature as it would be impossible to grant any effectual relief to her. Accordingly, we find this issue moot.

Respondent, however, contends this court should address the issue of finding probable cause at the detention hearing, claiming it is an important question of public interest that will routinely evade review.

"Application of the public[-]interest exception requires (1) the existence of a question of public importance; (2) the desirability of an authoritative determination for the purpose of guiding public officers in the performance of their duties; and (3) the likelihood that the question will recur." J.T., 221 Ill.2d at 350, 303 Ill.Dec. 103, 851 N.E.2d at 8.

Another exception to the mootness doctrine involves factual scenarios of short duration that are capable of repetition yet evade review. In re Marie M., 374 Ill. App.3d 913, 915, 313 Ill.Dec. 769, 873 N.E.2d 393, 395 (2007). "For this exception to apply, the complaining party must demonstrate (1) the challenged action is too short in duration to be fully litigated prior to becoming moot, and (2) a reasonable expectation exists the complaining party will be subjected to the same action again." Marie M., 374 Ill.App.3d at 915, 313 Ill.Dec. 769, 873 N.E.2d at 395.

Here, neither exception applies to this case. The exception for cases of short duration evading review does not apply because no expectation arises that respondent will be subject to the same action again. With respect to the...