William M. v. State

OPINION

These appeals center on Nevada’s presumptive certification statute, which consists of NRS 62B. 390(2) and (3). These provisions create a rebuttable presumption that juveniles who are over 13 years of age and charged with certain enumerated offenses fall outside of the jurisdiction of the juvenile court and must therefore be transferred to the district court for adult criminal proceedings. In particular, we examine NRS 62B.390(3)(b)’s rebuttal requirements in light of the right against self-incrimination guaranteed by the Fifth Amendment to the United States Constitution. Under NRS…