Landrum v. State

I would reverse this case and remand for transfer to juvenile court, because a circuit court’s decision to retain jurisdiction of criminal charges against a juvenile must be supported by clear and convincing evidence, and in this case, it most clearly was not. Arkansas Code Annotated section 9-27-318(f) states:

Upon a finding by clear and convincing evidence that a juvenile should be tried as an adult, the court shall enter an order to that effect.

We have defined clear and convincing evidence as:

evidence by a credible witness whose memory of the facts about which he testifies is distinct,…