Legal Opinion

State Ex Rel. Juvenile Department of Klamath County v. Lerma

Court of Appeals of Oregon

Decided June 6, 1977No. 422-76, CA 7660PublishedCited by 7 opinions

1Opinion of the CourtThornton, P. J.

This is an appeal from an order of the juvenile court remanding the child to adult court. Our review is de novo. State ex rel Juv. Dept. v. Slack, 17 Or App 57, 520 P2d 905, Sup Ct review denied (1974).

The child maintains that remand was improper on the facts of this case and that due process requires a finding of probable cause that the child committed the alleged offense prior to remand, a finding not made by the juvenile court.

The juvenile court remanded the child pursuant to ORS 419.533(1), which provides:

"(1) A child may be remanded to a circuit, district, justice or municipal court of…

2Cases cited4 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. State v. WeidnerCourt of Appeals of Oregon · 1971
  3. STATE EX REL. JUV. DEPT. OF MARION v. JohnsonCourt of Appeals of Oregon · 1972
  4. State Ex Rel. Juvenile Department of Washington County v. SlackCourt of Appeals of Oregon · 1974

3Cited by7 opinions

  1. In re F. S.Alaska Supreme Court · 1978
  2. Siefert v. A. D. L.North Dakota Supreme Court · 1981
  3. State Ex Rel. Juvenile Department v. KentCourt of Appeals of Oregon · 1977
  4. In Interest of ADLNorth Dakota Supreme Court · 1981
  5. State ex rel. L. C.New Jersey Superior Court Appellate Division · 1982

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