I certified a juvenile to stand trial as an adult. He is indicted and has had several court appearances. The juvenile's attorney filed a Motion for a New Trial in the juvenile court. I objected to it and filed a motion to quash it. Not only did the juvenile court deny my motion to quash, but it also accepted new evidence while it considered the motion for new trial (this is after I already indicted the juvenile as an adult). So my question is: does a juvenile court retain plenary jurisdiction to consider a motion for new trial after certification?
Once the case is transferred under Sec. 54.02 (h) it would appear that the court no longer has the authority to act; moreover, the fact that the case has been indicted would seem to prevent the juvenile court judge from taking any further action. Additionally, there is no "judgment" entered for which a motion for new trial would be applicable.
I am constantly amazed at the judiciary's ongoing belief that nearly anything can be done if desired by a judge. A writ of prohibition might be in order.
Williamson County, Texas
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