Legal Opinion · Dissent

In Re the Welfare of D.T.H.

Court of Appeals of Minnesota

Decided December 23, 1997No. C7-97-540Published

1DissentDavies, Judge

I respectfully dissent. The record includes no evidence of dangerousness other than the charged offense. Additional evidence is required for certification as an adult. In addition, the trial court did not adequately consider the alternative disposition of extended jurisdiction juvenile (EJJ).

Minnesota courts have long required that juveniles not be certified as adults without evidence of dangerousness independent of the offense. See In re Welfare of Dahl, 278 N.W.2d 316, 321 (Minn.1979) (record must contain direct evidence that juvenile is a danger to public safety for statutory reference…

2Cases cited8 opinions

  1. Matter of Welfare of DahlSupreme Court of Minnesota · 1979
  2. In Re the Welfare of D.F.B.Supreme Court of Minnesota · 1988
  3. State v. SejnohaCourt of Appeals of Minnesota · 1994
  4. In re the Welfare of S.W.N.Court of Appeals of Minnesota · 1995
  5. State v. MorrowCourt of Appeals of Minnesota · 1992

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