Legal Opinion

State v. Childress

Court of Appeals of Washington

Decided July 16, 2012No. 66577-4-IPublishedCited by 2 opinions

1Opinion of the CourtDwyer, J.

¶1 In Washington, a juvenile court may decline jurisdiction, thus transferring the matter for adult criminal prosecution, where the court determines by a preponderance of the evidence that declination would be in the best interest of the juvenile or the public. In making this determination, the court must consider the eight Kent1 factors originally set forth by the United States Supreme Court. The juvenile court’s declination decision is a jurisdictional determination, not a sentencing determination. Indeed, as the juvenile must be found guilty of the alleged offense beyond a reasonable doubt…

2Cases cited20 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. In Re WINSHIPSupreme Court of the United States · 1970
  4. Blakely v. WashingtonSupreme Court of the United States · 2004
  5. Ring v. ArizonaSupreme Court of the United States · 2002

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3Cited by2 opinions

  1. State v. RiceSupreme Court of South Carolina · 2013
  2. People v. VallesColorado Court of Appeals · 2013

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