Has anyone else had to deal with this issue since the Dallas District court ruled it unconstitutional - relying on Apprendi v. NJ. We just had the issue come up in a certification hearing.
But I know its coming.
I put a similar question on David Curl's thread about priors in dispositions, but no one responded.
Surely no other court will fall for that flawed piece of logic.
Talked to John Rolater and he sent me the trial brief on the issue. So far there have been 6 other States and the Ninth Circuit who have reviewed this issue and said Apprendi does not apply. I don't think any of our judges will follow the Dallas District Court. We had the issue come up in the certification hearing, but they waited till the end of the hearing to assert their objection. Judge certified the juvenile so we will wait and see what the District Court does.
"Jordan Steiker, a constitutional law expert who teaches at the University of Texas, said the defense's reading of the Apprendi case seems overstated."
[This message was edited by david curl on 06-23-05 at .]
the ruling is upheld and we do have a change in statute neccessitating a jury trail to certify.
Other than being a drag on the time of the juvenile courts, staff and prosecutors (no small issue I know); does that Defense attorney really think that is going to change much. I mean his kid stabbed another kid in front of a school yard full of other kids and I'll bet has priors. Most of the cases my office moves forward with for certification are those who facts are so aggregious or the juvi's history is so lengthy OR BOTH that certification is the only option.
Discretionary transfer to criminal court does not violate the principles established by U.S. Supreme Court Apprendi decision. [State v. Lopez](06-3-13)
On June 27, 2006, the Dallas Court of Appeals held that a discretionary transfer to criminal court does not in itself involve any increase in penalty, and as a result, the decision that is made by the juvenile court to transfer to criminal court does not violate the U.S. Supreme Court�s decision in Apprendi.
� 06-3-13. State v. Lopez, ___S.W.3d. ___, No. 05-05-00916-CR, 2006 Tex.App.Lexis 5462 (Tex.App.� Dallas, 6/27/06 ).
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