Friday, August 02, 2013

Summary 2013 WY 85

Summary of Decision July 12, 2013

Justice Burke delivered the opinion for the Court. Reversed and remanded.


Docket Number: S-12-0239


Original Proceeding Petition for Writ of Review District Court of Fremont County the Honorable Marvin L. Tyler, Judge

Representing Petitioner: Diane M. Lozano, State Public Defender; Eric M. Alden, Senior Assistant Appellate Counsel. Argument by Mr. Alden.

Representing Respondent: Gregory A. Phillips, Attorney General; David L. Delicath, Deputy Attorney General; Theodore R. Racines, Senior Assistant Attorney General; Jeffrey S. Pope, Assistant Attorney General. Argument by Mr. Pope.

Date of Decision: July 12, 2013

Facts: The Petitioner, JB,1 is a minor who was charged as an adult with nine felonies arising from a home invasion and the resulting deaths of two individuals. He was fifteen at the time of the crimes. Prior to trial, JB filed a Motion to Transfer Proceedings to Juvenile Court. The district court denied the motion. JB then filed a Petition for Writ of Review seeking interlocutory review of that decision. In support of his Petition, he claimed that the district court improperly placed the burden on him to establish that the case should be transferred to juvenile court. We granted the Petition.

Issues: Although JB lists nine issues in his brief, we find a single issue to be dispositive: Did the district court improperly place the burden of persuasion on JB rather than on the State?

Holdings: Upon review, we conclude that the district court erred in failing to assign the burden of persuasion to the State to establish that the case should not be transferred to juvenile court. The district court’s denial of JB’s motion to transfer his case from district court to juvenile court is reversed. The case is remanded to the district court for further proceedings consistent with this opinion.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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