State v. Kells

Christopher Kells seeks review of the Court of Appeals’ decision dismissing his criminal appeal. At issue is whether an untimely appeal of a declination order transferring a juvenile defendant to superior court may be dismissed, even though the defendant was not informed of his right to appeal the order. We hold that the Superior Court Criminal Rules do not require the State to inform Kells of his right to appeal the declination order, but that the State still has the burden to show that Kells voluntarily, knowingly, and intelligently waived this right before his appeal may be dismissed.…