Okay, the real skinny is that the certification was good EXCEPT we cannot establish defense counsel received disclosure outside of five days prior to the hearing, (a mandatory task). This is a capital case and we don't want to take any chances. Adult defense counsel think the certification is bad because of an incomplete reporter's record, but are unaware that the only flaw is what I've said. The statute no longer allows remand to juvenile court. We think if the criminal court dismisses for lack of jurisdiction the case once again resides with juvenile as a necessity, and we can file a new certification and get the record complete. We don't want a cap case (horribly good facts for the State) to come back because this "right afforded the child" was not complied with. I think it is the "right afforded a child" that would overcome even the lack of objection by counsel at the cert hearing. Anyone have better thoughts??????

You probably aren't going to find any cases because the provision allowing 5 days became effective in 2009.

I think that absent any objection in the record or any showing of harm (ie: atty requested a reset or additional time to obtain a witness to rebut something in the report)the attorney has waived his right to the 5 days.