State v. Rice

I agree with the majority that our state’s juvenile waiver procedure does not implicate Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). I write separately, however, because I do not agree that appellant’s decision to plead guilty in general sessions court waived his right to appeal the family court’s waiver decision.

The circuit court has jurisdiction over an appeal from a family court order in only one circumstance: when the family court judge has denied the State’s request to transfer a matter that charges a juvenile with murder or with criminal sexual conduct.…