Wilson v. Foster

SIMMS, Justice,

concurring in part, dissenting in part:

I concur with the majority that this appellant was wrongfully denied a jury trial and I also agree that consolidation of actions under § 1102 B may take place only after the adjudicatory stage of the juvenile proceeding.

I must respectfully dissent however, to that portion of the majority decision which holds the right to a jury trial in a juvenile adjudicatory hearing to merely statutory. It is my opinion, as set forth in my dissent to J. V. v. State, Dept. of Instit., etc., Okl, 572 P.2d 1283 (1978), that the right to a jury trial in such a proceeding is guaranteed by the Oklahoma Constitution, Art. 2, § 19.

I am authorized to state that Justice WILLIAMS and Justice DOOLIN join me in this special writing Concurring in Part, Dissenting in Part.