Summary
The Supreme Court of Nevada held that the district court lacked subject matter jurisdiction over criminal charges against a person who allegedly committed delinquent acts at age 14 but was not charged until after turning 21. The court concluded that the juvenile courts had exclusive jurisdiction over the delinquent acts and that the statutory exceptions for transfer to district court did not apply. The judgment of conviction was vacated as void for lack of subject matter jurisdiction.
Topics
Practice areas
Questions Presented
- Whether subject matter jurisdiction over alleged delinquent acts committed by a 14-year-old exists in the district court when the person is not charged until after turning 21.
- Whether a guilty plea and waiver of appellate rights waive a challenge to subject matter jurisdiction.
- Whether the Nevada Supreme Court had jurisdiction to hear an appeal from a judgment entered after a guilty plea.
Holdings
- A challenge to subject matter jurisdiction cannot be waived by a guilty plea, a plea agreement, or a waiver of the right to appeal.
- The Nevada Supreme Court had jurisdiction to consider the appeal because a defendant may appeal from a guilty plea on reasonable constitutional, jurisdictional, or other grounds challenging the legality of the proceedings.
- The district court lacked subject matter jurisdiction over charges based on delinquent acts committed by a person under age 16 when the person was not charged until after turning 21, absent a statutory exception or transfer from the juvenile court.
- A judgment rendered by a district court without subject matter jurisdiction is void.
Key quotations
“We conclude that, based on the juvenile justice statutory scheme in NRS Chapter 62B, the district court does not have subject matter jurisdiction over such charges.”
“Therefore, when a child under the age of 16 commits a delinquent act but is not charged until after turning 21, no court has jurisdiction to hear the case.”
“We conclude that the judgment of conviction rendered by the district court is void for lack of subject matter jurisdiction.”
Factual background
Zalyaul allegedly sexually assaulted an 11-year-old family friend several times between June and September 2013, when he was 14 years old. The abuse was reported, but the investigation did not proceed because Zalyaul and his family relocated to Morocco; the investigation resumed in 2019 after he was found living in Las Vegas. He turned 21 in September 2019 and was charged the following month in district court with offenses arising from the alleged acts.
Procedural history
Zalyaul was charged in the Eighth Judicial District Court after turning 21 with offenses arising from alleged delinquent acts committed when he was 14. He pleaded guilty pursuant to an agreement, was sentenced to 48 to 120 months in prison, and appealed. The Nevada Supreme Court held that the district court lacked subject matter jurisdiction and vacated the judgment of conviction.