Interest of R.A.

R.A. appealed a juvenile court order that transferred its jurisdiction to the district court and the district court's order affirming the transfer. In March 2010, a delinquency petition and notice of intent to transfer to district court was filed, alleging R.A. committed the offenses of gross sexual imposition and terrorizing. The State alleged R.A. engaged in a sexual act with another juvenile, A.H., by compelling A.H. to submit by threat of imminent death or serious bodily injury. The State alleged R.A. sent A.H. text messages and other messages through the Internet that contained threats. After a hearing on the transfer request, the judicial referee found there was probable cause to believe R.A. committed the offenses and ordered the case be transferred to district court. R.A. requested a district court judge review the judicial referee's findings and order, arguing the evidence did not support a finding of probable cause, the judicial referee misinterpreted or misapplied the transfer statute because the statute requires the threats be to the victim and not another person, and his confrontation rights were violated. The district court affirmed and adopted the judicial referee's findings and order. On appeal to the Supreme Court, R.A. argued there was not sufficient evidence to support a finding of probable cause because the threats of physical harm were threats of future conduct and were not imminent. The Supreme Court concluded the juvenile court did not err in finding there was probable cause R.A. committed the offenses. The Court affirmed the lower courts' orders. View "Interest of R.A." on Justia Law