Legal Opinion

In Re the Welfare of J.C.P.

Court of Appeals of Minnesota

Decided July 3, 2006No. A05-1294PublishedCited by 7 opinions

1Opinion of the Court

OPINION

ROSS, Judge.

In this appeal from an adult-certification order, appellant J.C.P. argues that because adult certification exposes a juvenile to a potentially greater sentence if convicted, he has a Sixth Amendment right to a jury determination of any fact supporting that certification under Blakely v. Washington. Because the constitutional protections available in the juvenile system arise from the Due Process Clause of the Fourteenth Amendment and not from the Sixth Amendment, and because adult certification is a pretrial jurisdictional determination, a juvenile does not have a Sixth…

2Cases cited19 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. In Re GAULTSupreme Court of the United States · 1967
  5. Kent v. United StatesSupreme Court of the United States · 1966

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3Cited by7 opinions

  1. State v. AndrewsSupreme Court of Missouri · 2011
  2. State v. ReadNew Jersey Superior Court Appellate Division · 2008
  3. Gonzales v. TafoyaCourt of Appeals for the Tenth Circuit · 2008
  4. In Re the Welfare of S.J.T.Court of Appeals of Minnesota · 2007
  5. Kirkland v. StateDistrict Court of Appeal of Florida · 2011

2 more not listed; retrieve them via the Exa API.

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