State v. Bannister

McGraw, Justice:

In this appeal 1 the petitioner contends the trial court erred in granting the prosecution’s motion to transfer his case from the juvenile jurisdiction to the criminal jurisdiction of the circuit court, thereby permitting him to be treated as an adult instead of as a juvenile.

The principal issue presented is whether the State met its burden of proving by clear and convincing proof that there are no reasonable prospects for rehabilitating the petitioner through resources available to the juvenile court as required by W.Va. Code, 49-5-10(a) [1977]. 2 We answer in the negative…