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R.S. v. Commonwealth

Supreme Court of Kentucky

February 20, 2014

R. S., A CHILD UNDER EIGHTEEN, APPELLANT
v.
COMMONWEALTH OF KENTUCKY, APPELLEE

Released for Publication March 13, 2014.

Page 179

[Copyrighted Material Omitted]

Page 180

[Copyrighted Material Omitted]

Page 181

ON REVIEW FROM COURT OF APPEALS. CASE NO. 2010-CA-001492-MR. BOONE CIRCUIT COURT NO. 10-XX-00004.

COUNSEL FOR APPELLANT: Jonathan Lee Wampler, Assistant Public Advocate.

COUNSEL FOR APPELLEE: Jack Conway, Attorney General of Kentucky, Marcia Lee Thomas, Special Assistant Attorney General.

All sitting. Abramson, Cunningham, Keller, Scott, and Venters, JJ., concur. Noble, J., concurs in result only.

Page 182

OPINION

MINTON, CHIEF JUSTICE

Following hearings in juvenile session, a district court adjudicated R.S. a juvenile public offender, guilty of second-degree criminal mischief bye complicity, and ordered him alone to pay the full amount of restitution to the victim. The charge against R.S. stemmed from an evening of teenage shenanigans, in which R.S. and a group of contemporaries used window paint to draw images of male genitalia and offensive messages on cars parked at a memorial service. One of the defaced cars was damaged in the incident by several scratches on the hood, doors, and quarter panels.

R.S. appealed this adjudication and restitution order first to the circuit court, which affirmed the district court's decision. He then appealed to the Court of Appeals: Finding sufficient evidence to support the district court's adjudication of guilt and no abuse of discretion by the district judge in ordering R.S. ...


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