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IN RE KEVIN R.

No. 27430.

409 S.C. 297 (2014)

762 S.E.2d 387

In the Interest of KEVIN R., A Juvenile Under the Age of Seventeen, Appellant.

Supreme Court of South Carolina.

Decided August 6, 2014.

Attorney(s) appearing for the Case

Appellate Defender Susan Barber Hackett , of South Carolina Commission on Indigent Defense, of Columbia, for Appellant.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing , both of Columbia, for Respondent.

John S. Nichols , of Bluestein, Nichols, Thompson & Delgado, L.L.C., of Columbia; John D. Elliott , of Law Offices of John D. Elliott, P.A., of Columbia; and Bert G. Utsey, III , of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Walterboro; for Amici Curiae, South Carolina Association for Justice, South Carolina Association of Criminal Defense Lawyers, and Lawyers Committee for Children's Rights.

Justice BEATTY.

In a juvenile petition, the State charged Kevin R. ("Appellant") with possessing a weapon on school grounds in violation of section 16-23-430 of the South Carolina Code.1 Prior to his adjudicatory hearing before a family court judge, Appellant moved for a jury trial on the ground the United States Constitution2 and the South Carolina Constitution3 guaranteed

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