In re: D.E.
CourtCourt of Appeals of Maryland
Date FiledJuly 22, 2026
Docket59/25
JudgeKillough
StatusPublished
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Full Opinion
In Re: D.E., No. 59, September Term, 2025. Opinion by Killough, J.
JUVENILE LAW – JUVENILE JUSTICE REFORM ACT – MD. CODE ANN.,
CTS. & JUD. PROC. § 3-8A-03(a)(1)(ii) – JURISDICTION OF THE JUVENILE
COURT – CONTINUATION OF JURISDICTION
The Supreme Court of Maryland held that the juvenile court is not divested of jurisdiction
over a child between the ages of ten and twelve when, after an adjudicatory hearing, the
court finds the child not involved in the alleged crime of violence that brought the case
within the court’s jurisdiction but finds the child involved in a lesser offense arising out of
the same incident. Under § 3-8A-03(a)(1)(ii) of the Maryland Courts and Judicial
Proceedings Article, jurisdiction attaches when the State files a delinquency petition
alleging that the child committed an act that, if committed by an adult, would constitute a
crime of violence, or an act arising out of the same incident as such an act. Once jurisdiction
attaches, § 3-8A-07(a) of the Courts & Judicial Proceedings Article provides that it
continues until the child reaches twenty-one years of age unless terminated sooner. A
finding that the child was not involved in the crime of violence is not among the events
that terminate jurisdiction.
JUVENILE LAW – JURISDICTION OVER OFFENSES ARISING OUT OF THE
SAME INCIDENT – MD. CODE ANN., CTS. & JUD. PROC. § 3-8A-03(a)(1)(ii)(2)
Jurisdiction over an offense arising out of the same incident as an alleged crime of violence
is derivative at the filing stage but durable thereafter. A delinquency petition must allege
involvement in a crime of violence to anchor the related offense within the juvenile court’s
jurisdiction over a child between ten and twelve. That derivation, however, operates only
at the moment of filing. Once jurisdiction attaches, jurisdiction obtained under the same-
incident clause of § 3-8A-03(a)(1)(ii) endures on the same terms as jurisdiction obtained
under the crime-of-violence clause, and it survives a not-sustained finding, nolle prosequi,
or dismissal of the crime of violence through any other means.
CONSTITUTIONAL LAW – EQUAL PROTECTION – FOURTEENTH
AMENDMENT – ARTICLE 24 OF THE MARYLAND DECLARATION OF
RIGHTS – JUVENILE JUSTICE REFORM ACT – RATIONAL BASIS REVIEW
The juvenile delinquency finding of a twelve-year-old child does not violate the Equal
Protection Clause of the Fourteenth Amendment or Article 24 of the Maryland Declaration
of Rights because, under § 3-8A-07(a), when the State alleges a child’s involvement in a
crime of violence and that allegation is supported by probable cause, that child is
distinguishable from a child alleged to have involvement only in a misdemeanor. There is
a rational relationship between treating juveniles accused of involvement in violent crimes
differently than those unaccused and the State’s legitimate interest in treating allegations
of violent conduct differently from nonviolent conduct. A twelve-year-old child for whom
probable cause existed to allege involvement in an act that would constitute a crime of
violence if committed by an adult is not similarly situated to a twelve-year-old child for
whom probable cause only existed to allege involvement in a non-violent misdemeanor.
Circuit Court for Baltimore City
Case No.: 324088004J
Argued: June 4, 2026
IN THE SUPREME COURT
OF MARYLAND
No. 59
September Term, 2025
IN RE: D.E.
Fader, C.J.,
Watts,
Booth,
Biran,
Gould,
Eaves,
Killough,
JJ.
Opinion by Killough, J.
Filed: July 22, 2026
Pursuant to the Maryland Uniform Electronic Legal
Materials Act (§§ 10-1601 et seq. of the State
Government Article) this document is authentic.
2026.07.22
'00'04- 15:32:21
Gregory Hilton, Clerk
Under the Juvenile Justice Reform Act of 2022 (“JJRA”), the juvenile court has no
jurisdiction over a delinquency proceeding against a child under the age of thirteen. But
there are exceptions. One exception is when a child, at least ten years old, is alleged to
have committed an act that, if committed by an adult, would constitute a crime of violence.
Md. Code Ann., Cts. & Jud. Proc. (“CJP”) § 3-8A-03(a)(1)(ii)(1) (2022).1 A second
exception—the one at issue in this appeal—applies when a child is alleged to have
committed an act arising out of the same incident as such a crime of violence. Id. § 3-8A-
03(a)(1)(ii)(2). A child who falls within either exception comes within the juvenile court’s
exclusive original jurisdiction.
A juvenile petition charged D.E., then twelve years old, with robbery and four lesser
offenses arising from the same incident. Robbery is a crime of violence. Its presence in
the petition placed D.E. within the juvenile court’s jurisdiction. After an adjudicatory
hearing, a magistrate found D.E. not involved in the robbery but involved in misdemeanor
theft. D.E. then moved to dismiss. He argued that the juvenile court lost its jurisdiction
the moment it declined to sustain the robbery charge, because a twelve-year-old alleged to
have committed only a misdemeanor cannot be brought into juvenile court at all.
We granted certiorari before judgment in the Appellate Court of Maryland to
consider the following two questions:2
1
We apply the provisions of the Juvenile Causes subtitle in effect at the time of the
alleged acts—the provisions as amended by the JJRA, 2022 Md. Laws chs. 41 & 42 (eff.
June 1, 2022) and before the effective date of the Juvenile Law Reform Act of 2024, 2024
Md. Laws ch. 735 (eff. Nov. 1, 2024). The 2024 Act’s amendments do not bear on the
question presented.
2
In re D.E., 493 Md. 311 (2026).
1. Under the jurisdictional provision of the 2022 JJRA, CJP § 3-8A-03(a) (excluding
twelve-year-old children except in certain circumstances), is the juvenile court
divested of jurisdiction where the State fails to sustain the enumerated offense that
established the basis for jurisdiction?
2. Because twelve-year-old children who are “alleged to have committed” a
misdemeanor alone cannot be brought within the juvenile court’s jurisdiction, does
a twelve-year-old’s delinquency finding on a misdemeanor violate equal protection?
We answer the first question in the negative. Jurisdiction attached when the State
filed the delinquency petition, and nothing in the Juvenile Causes subtitle divested the court
of that authority. The statutory provision governing how a juvenile court acquires
jurisdiction is entirely distinct from the provision dictating how long that jurisdiction lasts.
D.E. asks us to read the former as if it controlled the latter. Because the plain text does not
support that reading, we decline to adopt it. Regarding the second question, D.E.’s equal
protection claim fails on the merits because he did not satisfy his burden of proving unequal
protection under the law or selective enforcement of the law. Accordingly, we affirm.
I.
BACKGROUND
A. The Incident and the Adjudication
On the evening of February 13, 2024, Kelly Drnec stopped at a Royal Farms store
on Light Street in Baltimore City on her way home from an event. She carried a large
black purse holding a laptop, a cell phone, credit cards, and a smaller green and white
purse. Several teenagers were in and around the store. Drnec noticed one of them, a
masked youth later identified as D.E., following her. When she left the store, D.E. and
2
others approached her. D.E. took the small purse from her and took the larger purse, which
Drnec had dropped, from the ground. During the encounter, someone threw liquid on her.
The State filed a delinquency petition charging D.E. with five counts arising from
the incident: robbery; conspiracy to commit robbery; second-degree assault; theft of
property valued at $1,500 or more; and theft of property valued between $100 and $1,500.
Robbery is a crime of violence. Md. Code Ann., Crim. Law § 14-101(a)(9). Because D.E.
was twelve, the robbery allegation is what brought his case within the juvenile court’s
jurisdiction under CJP § 3-8A-03(a)(1)(ii).
At the adjudicatory hearing, the contested question was one of sequence. The
magistrate concluded D.E.’s actions constituted a “taking.” The magistrate ruled that if the
liquid was thrown before the taking, the force element of robbery would be met. If the
liquid was thrown after the taking, the offense was theft. The theft at issue—of property
valued between $100 and $1,500—is a misdemeanor. Md. Code Ann., Crim. Law § 7-
104(g)(2). The magistrate reserved her ruling to study Drnec’s testimony, which she found
internally inconsistent on the timing. Several weeks later, she returned with her findings.
She found D.E. involved in misdemeanor theft, reasoning that taking both purses and
running showed an intent to permanently deprive. On the robbery count, she found that
the State had not proved force or intimidation beyond a reasonable doubt. She found D.E.
was not involved on the remaining counts: the conspiracy count failed for want of evidence
of an agreement, the assault count failed because another person threw the liquid, and the
felony theft count failed, because the State did not prove the property’s value exceeded
$1,500.
3
The magistrate precisely framed the reserved question: “Was the liquid thrown at
her and then the items taken from her? In which case, you’ve got an assault and a robbery.
Was the liquid thrown at her after her items were taken? In which case you have a theft.”
On the theft, she found the intent to permanently deprive established because D.E. “took
the [smaller] purse and took the black purse and ran off with both.”
B. The Motion to Dismiss, Disposition, and Exceptions
After the magistrate’s ruling, D.E. moved to dismiss the sustained misdemeanor
theft count for lack of jurisdiction. He argued that once the court declined to sustain the
robbery—the only jurisdiction-qualifying offense in the petition—the court lost
jurisdiction over him and could not proceed to disposition. The magistrate denied the
motion, explaining that under In re J.B., 261 Md. App. 274 (2024), jurisdiction attached at
the filing of the petition and continued thereafter.
The magistrate found D.E.’s case indistinguishable from In re J.B. The issue of
jurisdiction, she explained, “really relates to whether or not there was a crime of violence
charged,” and the court is not divested “simply because misdemeanors were sustained, but
not the underlying [crime of violence].”
The juvenile court proceeded to disposition. At disposition, D.E. asked the
magistrate to find him not delinquent on the grounds that he did not need juvenile services.
The court declined, finding D.E. delinquent and intervention appropriate for purposes of
behavior modification. The magistrate placed D.E. on six months’ probation with various
4
conditions.3 D.E. filed exceptions to the magistrate’s findings and recommendations and
renewed his motion to dismiss. A judge of the juvenile court heard the exceptions and
denied them. The court explained that the General Assembly “knows the difference
between allegations and sustained charges[,]” and that the statute’s jurisdictional test “rests
on the charges, not the ultimate conclusion.”
D.E. noted an appeal to the Appellate Court of Maryland. Before that court heard
argument, however, D.E. petitioned this Court for a writ of certiorari, which we granted.
In re D.E., 493 Md. 311 (2026).
II.
STANDARD OF REVIEW
Whether the juvenile court has jurisdiction in a juvenile matter is a question of
statutory interpretation, which we review de novo. In re M.P., 487 Md. 53, 84 (2024). We
look to a statute’s plain language to determine what the General Assembly intended.
Cutchember v. State, 493 Md. 187, 201–02 (2026). If the words the General Assembly
chose are clear and consistent with the statute’s purpose, our inquiry ends. Breitenbach v.
3
D.E.’s probation expired by operation of law on June 19, 2025, effectively
concluding the underlying dispute. While this appeal may “ostensibly appear moot,” D.L.
v. Sheppard Pratt Health Sys., Inc., 465 Md. 339, 352 (2019), courts may review a moot
controversy if collateral consequences flow from the disposition, id., or if the issue merits
discretionary review, see, e.g., In re S.F., 477 Md. 296, 318–23 (2022). Because neither
party raised nor briefed the issue, we need not definitively resolve whether the expiration
of probation renders this appeal moot. Even assuming that the matter is technically moot,
we exercise our discretion to address the questions presented. As in S.F., the statutory
interpretation issues raised here “will likely reoccur, involve the same parties within the
juvenile justice system . . ., likely evade judicial review, and concern[] a matter of public
interest[.]” Id. at 319.
5
N.B. Handy Co., 366 Md. 467, 473 (2001). We do not insert into a statute exceptions or
limitations the Legislature left out, see Nesbit v. Gov’t Emps. Ins. Co., 382 Md. 65, 75
(2004), and we do not construct an element of a statute from the absence of language, Haile
v. State, 431 Md. 448, 467 (2013).
III.
DISCUSSION
Juvenile delinquency proceedings are civil in nature. In re Anthony R., 362 Md. 51,
69 (2000). They are governed by the Juvenile Causes subtitle, whose stated purposes
include providing “for the care, protection, and wholesome mental and physical
development of children” and “a program of treatment, training, and rehabilitation
consistent with the child’s best interests and the protection of the public interest.” CJP § 3-
8A-02(a)(4). And, importantly, a delinquency adjudication is not a criminal conviction.
In re Victor B., 336 Md. 85, 93 (1994).
The juvenile court is a court of limited jurisdiction; it exercises only the authority a
statute confers. Smith v. State, 399 Md. 565, 578 (2007). When the State files a
delinquency petition, the court obtains “exclusive original jurisdiction” over the action.
Parojinog v. State, 282 Md. 256, 260 (1978). The age that controls the determination of
jurisdiction is the child’s age when the alleged act was committed. CJP § 3-8A-05.
Before 2022, the juvenile court’s jurisdiction reached any “child who is alleged to
be delinquent,” without regard to age. CJP § 3-8A-03(a)(1) (2020 Repl. Vol., 2021 Supp.).
The 2022 JJRA changed that. It imposed age-based minimums on the juvenile court’s
authority. As we explained in In re M.P., the JJRA “removed from the juvenile courts’
6
jurisdiction juvenile delinquency proceedings against children under 13 years of age, with
the exception of those aged 10 to 12 years old charged with committing an act that would
be considered a crime of violence if committed by an adult.” 487 Md. at 59. The statute,
CJP § 3-8A-03(a)(1), provides that the juvenile court has exclusive original jurisdiction
over a child:
(i) Who is at least 13 years old alleged to be delinquent; or
(ii) Except as provided in subsection (d) of this section, who is at least 10
years old alleged to have committed an act:
1. That, if committed by an adult, would constitute a crime of violence,
as defined in § 14-101 of the Criminal Law Article; or
2. Arising out of the same incident as an act listed in item 1 of this item[.]
A companion provision states the rule in the negative: the juvenile court “does not
have jurisdiction over[,]” “[e]xcept as provided in subsection (a)(1)(ii) of this section, a
delinquency proceeding against a child who is under the age of 13 years.” CJP § 3-8A-
03(d)(7). The JJRA left untouched the provision that governs how long jurisdiction lasts
once it is obtained. That provision reads: “If the court obtains jurisdiction over a child
under this subtitle, that jurisdiction continues until that person reaches 21 years of age
unless terminated sooner.” Id. § 3-8A-07(a).
The parties read these provisions differently. The State reads CJP § 3-8A-
03(a)(1)(ii) to mean that if a delinquency petition alleges a qualifying crime of violence
and a non-qualifying offense arising out of the same incident, the court’s jurisdiction over
both attaches at the time of filing and is not lost if the qualifying offense is later not
sustained or otherwise dismissed. D.E. reads the same provision to make continued
7
jurisdiction contingent on the qualifying offense remaining viable. On his reading, if the
qualifying offense disappears—whether by nolle prosequi, a not-sustained finding, or any
other route—the court loses jurisdiction over every non-qualifying offense with it.
Based on our reading of the plain language of the statute, we agree with the State.
A. The Statute Assigns Two Jobs to Two Provisions
This case turns on a distinction the parties tend to blur. Two provisions are at work,
and they do different jobs.
Section 3-8A-03 tells the juvenile court how it obtains jurisdiction. For a child ten
to twelve years old, the answer is that jurisdiction is determined at the charging stage: the
petition must allege a crime of violence or an act arising from the same incident as a crime
of violence. Subsection 3-8A-07(a) tells the court how long that jurisdiction lasts once the
court has obtained it. The answer is until the child turns twenty-one, “unless terminated
sooner.” CJP § 3-8A-07(a).
D.E.’s argument depends on collapsing those two jobs into one. He reads § 3-8A-
03(a)(1)(ii) as not only conferring jurisdiction at the outset but also as imposing a condition
that must persist at every subsequent stage of the proceeding. That provision establishes
jurisdiction over a child based on two categories of alleged conduct. The first encompasses
an act that, if committed by an adult, would constitute a crime of violence (the “crime-of-
violence clause”). CJP § 3-8A-03(a)(1)(ii)(1). The second covers an act arising out of the
same incident as the alleged crime of violence (the “same-incident clause”). Id. § 3-8A-
03(a)(1)(ii)(2). The misdemeanor theft charge, D.E. contends, could only fall within the
juvenile court’s purview via the same-incident clause. Because that clause operates purely
8
by reference to a companion crime of violence, he argues that when the crime-of-violence
anchor disappears, jurisdiction over the derivative same-incident charge dissolves with it.
There are three potential interpretations of how the same-incident clause interacts
with the crime-of-violence clause. The first treats the same-incident clause as a co-equal
grant of jurisdiction. Under this view, the two clauses independently delineate two
categories of qualifying conduct; a petition alleging either act successfully invokes the
court’s jurisdiction, which then persists under § 3-8A-07(a). The second reading treats the
same-incident clause as derivative but durable. It relies on the crime-of-violence allegation
to establish jurisdiction at the moment of filing—as an act qualifies only by virtue of its
connection to a concurrent crime-of-violence charge—but once that jurisdiction attaches,
it endures on equal footing with the primary charge. The third reading, pressed by D.E.,
treats the same-incident clause as derivative and contingent. Under this interpretation, the
clause possesses no independent legal existence; if the anchoring charge fails at any point,
the dependent charge must fail as well. Consequently, the moment the robbery allegation
against the twelve-year-old is dismissed, the jurisdictional foundation dissolves, requiring
the immediate dismissal of the non-violent charges. While this final reading possesses a
certain structural symmetry, it finds no anchor in the plain language of the statute and, as
detailed below, yields consequences the General Assembly could not have intended.
We need not definitively choose between the first two interpretations because the
result is identical under either framework: jurisdiction that attaches at filing continues
under § 3-8A-07(a) until terminated by an event explicitly enumerated within the subtitle.
A “not-sustained” finding on the anchoring offense is not a statutorily authorized
9
mechanism for termination. That said, characterizing the clause as derivative but durable
provides the most faithful account of the statutory text; the same-incident clause requires a
crime-of-violence reference to activate, but that structural dependence is fully satisfied at
the moment of filing. What we reject, and all we need to reject to resolve this appeal, is
the third reading: that the same-incident clause is not only derivative of but also contingent
upon the crime-of-violence clause, such that jurisdiction is dissolved the moment the
anchor offense is not sustained.
B. Companion Jurisdiction Is Derivative at Filing but Durable Thereafter
The same-incident clause is indeed derivative in a narrow sense. To bring a related,
nonviolent charge against a twelve-year-old into juvenile court, the petition must contain a
crime-of-violence allegation to anchor it. CJP § 3-8A-03(a)(1)(ii)(1). Without that anchor,
the same-incident clause in CJP § 3-8A-03(a)(1)(ii)(2) has nothing to attach to, and
jurisdiction over the nonviolent charge never arises. That much D.E. has right. But the
derivation operates exclusively at the filing stage. The clause asks whether the act, as
alleged, arose from the same incident as an alleged crime of violence. Id. § 3-8A-
03(a)(1)(ii)(2). At the time of filing, that condition is either satisfied, or it is not. Nothing
in the clause makes the grant contingent on the anchor’s survival through adjudication. It
uses the same operative phrase as the crime-of-violence clause—“alleged to have
committed”—and for the same reason. That phrase, moreover, is not repeated in each
clause. It appears once, in the subsection that introduces both: The court has jurisdiction
over a child “alleged to have committed an act” that is either a crime of violence or an act
arising out of the same incident. Id. § 3-8A-03(a)(1)(ii). A single “alleged to have
10
committed” governs both clauses at once, so the two cannot be read to operate on different
timelines—whatever the phrase means for one, it means for the other. Both are charging-
stage conditions. Neither is a running one, conditioned upon the ultimate disposition of
the charges. Cf. Harris v. State, 94 Md. App. 266, 277 (1992) (“In many circumstances,
once a court lawfully acquires jurisdiction over a case, that jurisdiction may continue
despite subsequent events, even though those events would have prevented jurisdiction
from attaching in the first place.”).
Once jurisdiction attaches, the two clauses operate identically. They endure because
CJP § 3-8A-07(a) mandates it: “that jurisdiction continues until that person reaches 21
years of age unless terminated sooner.” The statute draws no distinction between
jurisdiction obtained through the crime-of-violence clause and jurisdiction obtained
through the same-incident clause. Both are jurisdictional under the statute, and both
continue on equal terms. D.E.’s error is to treat a filing-stage threshold determination as
an ongoing condition. The statute imposes no such requirement, and we decline to read
one into it.4
A further feature of the statutory language strikes at the root of D.E.’s theory. Both
provisions speak to jurisdiction over the child—not jurisdiction over the charge.
Subsection 3-8A-03(a) confers “exclusive original jurisdiction over” “[a] child” who is
alleged to have committed a qualifying act. Similarly, § 3-8A-07(a) provides that “[i]f the
4
We address only the case before us in which a single respondent was charged with
both a crime of violence and a related offense arising from the same incident. We have no
occasion to consider, and express no view on, how CJP § 3-8A-03(a)(1)(ii)(2) applies to
other configurations of respondents or charges.
11
court obtains jurisdiction over a child,” that “jurisdiction continues” until the child turns
twenty-one. The object of the statutory grant, and of its continuation, is the individual
respondent. D.E.’s theory treats jurisdiction as though it attached to individual counts,
dissolving piecemeal as those counts are resolved one by one. The statutory architecture
is not structured in this manner. Once the petition’s threshold allegations bring the child
within the court’s purview, the court possesses jurisdiction over the child, and § 3-8A-07(a)
maintains that authority irrespective of the ultimate disposition of any single count.
As the Appellate Court explained in In re J.B., “if the General Assembly wanted to
circumscribe the juvenile court’s jurisdiction in circumstances like those presented in this
case, it could have enacted a . . . statutory mechanism to allow juveniles to seek dismissal
of charges that would not otherwise be within the court’s original jurisdiction.” 261 Md.
App. at 292. But it did not, “and we see nothing in the legislative history of § 3-8A-03 that
would support appellant’s interpretation of the statute.” Id. In fact, the General Assembly
enacted a subtitle specifically addressing when the juvenile court’s jurisdiction is
terminated. D.E.’s proposed avenue for jurisdiction termination is not one that is
mentioned in that subtitle.
Section 3-8A-07—titled “Continuation or cessation of jurisdiction”—supplies the
rule: once obtained, jurisdiction “continues until that person reaches 21 years of age unless
terminated sooner.” The subtitle tells us how jurisdiction may be terminated sooner. It
may be waived to the criminal court. CJP § 3-8A-06. It ends when the child ages out. It
ends in other circumstances the General Assembly has specified. A not-sustained finding
on the offense that anchored jurisdiction is not on the list. D.E. asks us to add it. We
12
decline to “judicially insert language to impose exceptions, limitations or restrictions not
set forth by the legislature.” Langston v. Langston, 366 Md. 490, 515 (2001); see also
Comptroller of Treasury v. Blanton, 390 Md. 528, 537 (2006) (“Maryland has long
accepted the doctrine of expressio (or inclusio) unius est exclusio alterius, or the expression
of one thing is the exclusion of another.” (citation omitted)).
D.E. responds that not every termination of juvenile jurisdiction is governed by an
express provision. He is right about that, but that proposition does not yield the conclusion
he seeks. When a court finds a child not involved on every count, it closes the case, and
no statute separately governs the act of closing. But that closing is not a divestiture of
jurisdiction; it is the natural exhaustion of the matter. The court keeps the power to enter
its not-involved findings and end the case—it simply has nothing left to adjudicate. A case
in which one count has been sustained and disposition remains is different in kind: there,
something is left to decide, and the power to decide it is the very jurisdiction D.E. says has
vanished. But that is not this case. This was a split result. The magistrate sustained one
count and declined another. After a split result, a live controversy persists: disposition on
the count that was sustained. The juvenile court did not strip itself of authority by resolving
the robbery in D.E.’s favor. We hold that the juvenile court’s authority to proceed to
disposition on the misdemeanor theft endures until terminated under one of the conditions
set forth in CJP § 3-8A-07(a).
13
C. Four Textual Points Confirm the Reading
Four features of the text of “Subtitle 8a—Juvenile Causes—Children Other Than
Cinas and Adults” confirm that jurisdiction, once obtained, survived the not-sustained
finding on the robbery.
First, the subtitle already contains express termination mechanisms. Jurisdiction
may be waived to the criminal court. CJP § 3-8A-06. It ends when the respondent turns
twenty-one. Id. § 3-8A-07(a). A not-sustained finding on the anchor offense is not among
the mechanisms the General Assembly wrote. The omission is not an invitation to the
courts; it is a decision by the Legislature.
Second, D.E.’s construction of “alleged to have committed” as a continuous,
present-tense condition yields an untenable result. Consider the status of a case at the close
of an adjudicatory hearing: the threshold allegations have been resolved, and the child is
no longer merely “alleged” to have committed an offense—the factfinder has answered
that question one way or the other. If “alleged to have committed” imposed a condition
that must be continuously satisfied throughout the litigation, then jurisdiction would
evaporate at the close of every adjudication, including those that fully sustain the crime-
of-violence charge. On that logic, no juvenile court could ever proceed to the dispositional
stage because the allegations would cease to be allegations the moment they are proven.
Such an interpretation yields an absurd result, and it is a foundational canon of
statutory construction that we avoid interpretations that are illogical, unreasonable, or
inconsistent with common sense. See Blandon v. State, 304 Md. 316, 319 (1985). D.E.
counters that a sustained finding preserves jurisdiction while only a not-sustained finding
14
destroys it, meaning disposition is never imperiled when the crime of violence is proved.
The statutory text forecloses this asymmetrical reading. The statute explicitly anchors
jurisdiction to what the child is “alleged to have committed,” not to what the child is
ultimately found to have done; it speaks exclusively of allegations, never of findings. If
the live status of the allegation controlled, a sustained finding would alter that status as
definitively as a not-sustained one—converting “alleged” into “proved”—and the statute
would have to account for that mutation. It does not. Because jurisdiction is measured by
the allegation rather than the adjudicatory result, the result cannot bear on jurisdiction in
either direction. The sensible reading is the ordinary one: “alleged to have committed”
describes the posture of the case at the moment jurisdiction is invoked, when the petition
is filed. As the juvenile court aptly observed, the General Assembly “knows the difference
between allegations and sustained charges,” and it tied jurisdiction to the former.
Third, D.E.’s interpretation would render the same-incident clause a nullity,
violating the cardinal rule that statutes must be construed so that no part is rendered
surplusage or meaningless. See Gillespie v. State, 370 Md. 219, 222 (2002). The same-
incident clause exists to keep a single factual episode consolidated, allowing the juvenile
court to adjudicate related, nonviolent conduct alongside the violent conduct from which
it arose. But if jurisdiction under the same-incident clause terminates whenever the crime
of violence is not sustained, the clause could never operate past the adjudicatory stage. It
would fail to preserve the court’s authority when the State, for its own reasons, dismisses
or enters a nolle prosequi as to the anchor charge, just as it would fail to survive a not-
sustained finding. It would endure only when the anchoring charge is fully sustained—a
15
scenario in which the court already possesses independent jurisdiction over the respondent
through the crime-of-violence clause itself. Under D.E.’s reading, the same-incident clause
would be surplusage in every case in which its application actually matters. The General
Assembly enacted the same-incident clause to serve a distinct procedural purpose; our
durable reading permits it to do so. See In re J.B., 261 Md. App. at 289; cf. Gray v. State,
6 Md. App. 677, 684 (1969) (holding that a jury’s acquittal of a sixteen-year-old on an
anchoring murder charge did not strip the circuit court of jurisdiction over a sustained
manslaughter count).
Fourth, the statute joins the two clauses with the disjunctive “or,” not the
conjunctive “and.” CJP § 3-8A-03(a)(1)(ii). The choice of words matters. The provision
grants jurisdiction over a child alleged to have committed an act of either kind. It does not
condition jurisdiction over a same-incident-clause act charge on the continued vitality of a
crime-of-violence charge; it identifies two categories of qualifying acts and treats an
allegation of either as sufficient. The disjunctive does more than offer two ways in. It
places the clauses on equal footing as sufficient conditions for jurisdiction, and § 3-8A-
07(a) then continues the jurisdiction so obtained without ranking the clause that supplied
it. Nothing marks the same-incident clause as subordinate to the crime-of-violence clause
once jurisdiction has attached. D.E.’s argument—that the same-incident clause rises and
falls with the crime-of-violence clause at every stage of the proceeding—asks the
disjunctive to function as a conjunctive. The text reads otherwise.
16
D. In re J.B. Was Correctly Decided, and We Adopt Its Reasoning
The Appellate Court has previously answered the same question presented in this
case, in all but procedural detail, in In re J.B. There, a twelve-year-old was charged with
first-degree assault, which is a crime of violence, and second-degree assault, which is not.
261 Md. App. at 278. The two charges arose from the same incident. Id. Under a plea
agreement, J.B. admitted involvement in the second-degree assault, and the State nol
prossed the first-degree assault. Id. J.B. then moved to dismiss, arguing that the nol pros
of the anchor charge stripped the court of jurisdiction over the remaining count. Id. at 281.
The juvenile court denied the motion, and the Appellate Court affirmed. Id. at 281–82,
289.
The Appellate Court’s reasoning in In re J.B. tracks the analysis we adopt today.
The court explained that CJP § 3-8A-03(a)(1)(ii)(1) “granted the juvenile court exclusive
original jurisdiction” over the crime of violence, and that CJP § 3-8A-03(a)(1)(ii)(2)
“provided the juvenile court with jurisdiction to adjudicate” the lesser offense “because
that alleged act arose ‘out of the same incident’” as the qualifying offense. Id. at 289. The
court held that “the plain language of CJP § 3-8A-03(a)(1) is clear and unambiguous,” and
that jurisdiction continued after the anchor charge left the case. Id. at 289–90. If the
General Assembly had wanted the juvenile court to lose jurisdiction in those circumstances,
it could have provided a statutory mechanism for that loss. Id. at 292. It “chose not to do
so[,]” and the Appellate Court saw “nothing in the legislative history of § 3-8A-03”
supporting the contrary reading. Id.
17
The Appellate Court grounded that holding in settled law. It invoked the principle
that “once a court lawfully acquires jurisdiction over the person and the subject matter of
the litigation, subsequent events will not ordinarily deprive the court of its jurisdiction[.]”
Id. at 286 (quoting Gray, 6 Md. App. at 682). And it relied on the rule that a court “will
exercise its jurisdiction even when the charge which served as the basis for the assertion of
jurisdiction is later nolle prossed or eliminated in some other manner.” Id. at 289 (quoting
Harris, 94 Md. App. at 277) (italics in original). These principles do not turn on the
specific mechanism by which the anchoring charge is resolved. They apply with equal
force whether that charge is dismissed via nolle prosequi, as in In re J.B., or terminated by
a “not-sustained” finding, as is the case here. Accordingly, we adopt the sound reasoning
of the Appellate Court’s opinion in In re J.B. and hold that its principles govern the present
dispute.
D.E. seeks to confine In re J.B. to the context of a plea agreement, but we find no
reason to limit In re J.B. to its facts. Indeed, the In re J.B. court explicitly declined to
circumscribe its holding in such a manner. See id. at 292. It held that jurisdiction continued
because the surviving charge arose from the same incident as the one that brought the case
within the court’s purview “in the first instance.” Id. Moreover, the court anticipated the
very argument D.E. presses here, observing that it saw “nothing in Maryland law” to
support the contention that a juvenile court loses jurisdiction “if the child is not found
‘involved’ as to a crime of violence.” Id. at 289 n.6. That footnote describes the exact
scenario presented in this appeal.
18
The procedural difference D.E. presses—a nol pros in In re J.B., and a not-sustained
finding here—makes no difference. Jurisdiction turns on the statute, not on the route by
which the anchor charge is resolved. There is no textual basis to treat the two differently,
and we treat them the same. Our holding governs both.
E. In re M.P. Does Not Undermine In re J.B.
D.E.’s reliance on our decision in In re M.P. is misplaced. He reads In re M.P. to
stand for the broad proposition that juvenile jurisdiction never permanently vests and must
be reassessed whenever judicial power is exercised. That reading stretches our holding in
that case beyond recognition.
In re M.P. construed a different provision—subsection (d)(7), the JJRA’s
affirmative jurisdiction-stripping rule. 487 Md. at 59. M.P. was twelve when he was
charged with motor vehicle theft and related offenses. Id. at 59–60. He was not charged
with any crime of violence, or with any act arising out of one. See id. at 60 n.1. The
juvenile court initially had jurisdiction over M.P. because the JJRA had not yet been
enacted when the crime