State Ex Rel. Smith v. Scott

Miller, Justice:

In this prohibition proceeding the relator seeks to prevent the Circuit Court of Roane County from exercising criminal jurisdiction over his person. Relator contends that the order transferring his case from the juvenile court to the criminal court was void as the juvenile judge did not conduct a meaningful transfer hearing as mandated by Kent v. United States, 383 U.S. 541, 16 L. Ed. 2d 84, 86 S. Ct. 1045 (1966), and as required by this Court in State v. McArdle, 156 W. Va. 409, 194 S.E.2d 174 (1973). We agree.

The essential facts are not contested. On March 17, 1977, relator…