C.H. v. State

Summary

The Arkansas Supreme Court held that the criminal division of the circuit court lacked authority to set aside its order transferring C.H.'s case to the juvenile division. Upon transfer, the criminal division relinquished exclusive jurisdiction, and its later set-aside order was a nullity; the appeal was dismissed for lack of appellate jurisdiction. The concurrence urged legislative action to address the absence of a statutory mechanism for returning a transferred case to the criminal division.

Holdings

1. The criminal division relinquished its exclusive jurisdiction when it transferred the case to the juvenile division; the juvenile division thereafter held exclusive jurisdiction over the transferred matter.
2. The criminal division lacked authority to set aside its order transferring C.H.'s case to the juvenile division; the set-aside order was a nullity.
3. The Supreme Court of Arkansas never acquired appellate jurisdiction over the interlocutory appeal because the order challenged on appeal was entered without authority and was therefore a nullity.

Questions Presented

1. Whether the criminal division of the circuit court could revest itself with exclusive jurisdiction after transferring the case to the juvenile division.
2. Whether the criminal division had authority to set aside its order transferring the juvenile-defendant case to the juvenile division.
3. Whether the Supreme Court of Arkansas acquired appellate jurisdiction over the interlocutory appeal.

Disposition

dismissed