Russell v. Commonwealth

Opinion

ELDER, J.

Anthony Lamont Russell, appellant, appeals from his conviction for second degree murder. Appellant was seventeen years old at the time of the offense on April 25, 1991. At his transfer hearing on June 26, 1991, appellant was found by the juvenile court to be mentally retarded, thereby precluding him from being tried as an adult under Code § 16.1-269(A). The Commonwealth’s Attorney sought removal to the circuit court, which entered an order authorizing him to seek an indictment in the case. Although the circuit court made no findings of fact, the effect of its order was to rule…