State v. D.W.
At issue in this appeal was whether a hearing to determine a juvenile's amenability to care or rehabilitation in the juvenile system may be waived, and if so, what the standard for waiver should be. In this case, the juvenile court found an amenability hearing was not required because he had found probable cause, and the juvenile had been bound over to adult court in a prior case. The juvenile was subsequently found guilty of burglary, theft, vandalism, and criminal damaging. The court of appeals affirmed. The Supreme Court reversed, holding (1) a juvenile has a right to an amenability hearing to determine if the juvenile can remain within the juvenile justice system or be bound over to adult court; (2) the juvenile may waiver the right to the amenability hearing; and (3) here, the juvenile failed to conduct an amenability hearing before transferring the juvenile to adult court and erred by failing to ask the juvenile whether he was waiving the hearing. Remanded for an amenability hearing or proper waiver of it. View "State v. D.W." on Justia Law