Summary
The Connecticut Supreme Court held that State v. Fernandes controlled the state’s appeal from the denial of a motion to transfer juvenile charges to the regular criminal docket. The court concluded that the juvenile court lacked discretion to deny the transfer under General Statutes § 46b-127 (b), while due process required a hearing in the criminal court before the transfer was finalized. The court reversed and remanded with direction to grant the state’s motion to transfer.
Topics
Practice areas
Questions Presented
- Whether State v. Fernandes controlled the state's appeal from the juvenile court's denial of transfer under General Statutes § 46b-127 (b).
- Whether the Supreme Court's interpretation of § 46b-127 (b) in Fernandes applied retroactively to this pending appeal.
- Whether the state waived its claim that transfer was within the discretion of the prosecutor rather than the juvenile court.
- Whether the case should be reversed and remanded for transfer to the regular criminal docket.
Holdings
- State v. Fernandes controlled the present case; the juvenile court's denial of the state's motion to transfer was legally incorrect.
- Fernandes applies retroactively to this pending appeal.
- The state did not waive its right to appellate review by failing to articulate its claim with greater clarity in the juvenile court.
Key quotations
“Consistent with due process requirements, before the transfer of the defendant’s cases to the regular criminal docket has been finalized, the defendant is entitled to a hearing before the court on the regular criminal docket, at which the defendant can be heard and the court can decide whether the transfer shall be finalized.” (46)
“We conclude that there is no reason why Fernandes does not control.” (44)
Factual background
In January 2010, when he was fifteen, Elias G. was charged in two informations with second-degree larceny, third-degree burglary, and fourth-degree larceny. The state sought transfer of the class C and class D felony charges from the juvenile docket to the regular criminal docket. The juvenile court denied transfer based on its assessment of the interests of justice, the state's interests, and public safety.
Procedural history
The fifteen-year-old defendant was charged with larceny and burglary offenses. The state moved to transfer the cases to the regular criminal docket, but the juvenile court denied the motion after determining that the interests of justice, the state, and public safety favored retaining jurisdiction. While the appeal was pending, the Supreme Court decided State v. Fernandes, and ordered supplemental briefing on whether Fernandes controlled. The Supreme Court reversed and remanded with direction to grant the transfer motion.
Remand instructions
The case was remanded with direction to grant the state's motion to transfer the cases to the regular criminal docket. Before finalization of the transfer, the defendant is entitled to a hearing before the regular criminal court at which he may be heard and the court may decide whether the transfer should be finalized.