In Re the Welfare of J.L.B.

The trial court’s decision rests on an erroneous pronouncement of law. Because to affirm under governing law we must assume clear and convincing evidence where there is none, I respectfully dissent.

I. Error

The trial court concluded the prosecuting authority demonstrated by clear and convincing evidence that public safety would not be served by further juvenile court proceedings. The court erred in reaching this conclusion by relying emphatically and singularly on the circumstances of the offense and the age of the offender.

Consistent with the scheme of Minnesota’s juvenile laws, the supreme…