Stubbs v. State

PATTERSON, Judge.

Appellant, Timothy David Stubbs, a 17-year-old juvenile, was charged by delinquency petition in the Juvenile Court of Coffee County, Elba Division, with the capital murder of James Edward Nelson. Ala. Code (1975) §§ 13A-5-40(a)(2) and (7). A motion was filed by the State seeking to transfer appellant to the circuit court for prosecution as an adult. After a hearing, the juvenile court entered an order certifying appellant to be transferred to the circuit court to be tried as an adult. Appellant appeals this order. A.R.J.P. 28.

Transfer hearings are “probable cause” hearings,…