Heagerty v. State

In order to retain jurisdiction over charges brought against a juvenile defendant, a circuit court must find “by clear and convincing evidence,” based upon the three factors set forth in Ark. Code Ann. § 9-27-318(e) (Repl. 1998), that the “juvenile should be tried as an adult.” Ark. Code Ann. § 9-27-318(f) (Repl. 1998). Such a finding must be reversed if it is clearly erroneous. Sanford v. State, 331 Ark. 334, 348, 962 S.W.2d 335, 342 (1998). A trial court’s finding “is clearly erroneous when, although there is evidence to support it, the appellate court after reviewing the entire evidence is…