Legal Opinion · Dissent

In Re the Appeal in Pima County Juvenile Action No. 53358-6

Court of Appeals of Arizona

Decided July 31, 1980No. 2 CA-CIV 3546Published

1DissentRichmond, Judge

I cannot agree with the majority. If the juvenile judge did not abuse her discretion in ordering a transfer in the face of the testimony in this case, it is difficult to imagine a case in which that discretion could be abused.

The seriousness of the offense alone cannot control the disposition of the case. State v. D. W. C., 256 S.E.2d 894 (W.Va.1979); In Re White, 224 Kan. 717, 585 P.2d 1046 (1978); R. E. M. v. State, 541 S.W.3d 841 (Tex.Civ.App.1976); In Re Johnson, 17 Md.App. 705, 304 A.3d 859 (1973). There must also be reasonable grounds to believe the juvenile is not amenable to treatment…

2Cases cited7 opinions

  1. P. H. v. StateAlaska Supreme Court · 1972
  2. In Re Patterson, Payne & DyerSupreme Court of Kansas · 1972
  3. Matter of JohnsonCourt of Special Appeals of Maryland · 1973
  4. Ex parte JohnsonCourt of Criminal Appeals of Texas · 2017
  5. State v. D.W.C.West Virginia Supreme Court · 1979

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