State v. D.W.C.

Miller, Justice:

This case presents the narrow issue of the propriety of a transfer from juvenile court to criminal court where the offense charged is murder. The transfer took place during the time the 1977 Juvenile Act was in effect.1

The basic question is whether there was “clear and convincing proof’ that “there are no reasonable prospects for rehabilitating the child through resources available to the court under this article.”2 We determine that the evidence did not meet the required level of proof, and reverse the transfer order.

The juvenile, D.W.C., was 16 years old and in the company…