Com. v. Baker
Decision Date | 11 June 1999 |
Docket Number | Record No. 982102. |
Citation | 258 Va. 1,516 S.E.2d 219 |
Parties | COMMONWEALTH of Virginia v. Jeramie Michael BAKER. |
Court | Virginia Supreme Court |
Michael T. Judge, Assistant Attorney General , for appellant.
Clifford Y. Rose (Rose & Wall, on brief), Fredericksburg, for appellee.
Present: All the Justices.
In this appeal, the Court reviews a judgment of the Court of Appeals declaring the transfer of jurisdiction from a juvenile and domestic relations district court to a circuit court ineffectual and the subsequent convictions void. Baker v. Commonwealth, 28 Va. App. 306, 504 S.E.2d 394 (1998).
Central to the decision below was the interpretation of Code § 16.1-263(A), which provides, in part, that after a juvenile petition is filed, the court shall direct summonses "to the parents" of the juvenile. Here, even though the juvenile's mother received notice, the juvenile's biological father was not notified, there was no attempt to give him notice, and the circuit court made no certification on the record that the identity of the father was not reasonably ascertainable.
Parenthetically, we note the statute has been amended effective July 1, 1999 to provide for notice to "at least one parent." Acts 1999, ch. 952.
For the reasons set forth in the opinion of the Court of Appeals, we will affirm the court's judgment.
Furthermore, we decline the Attorney General's request that we apply...
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...period is void. Crowley, 227 Va. at 261-62, 316 S.E.2d at 443. 20. A Baker claim is one that arises from Commonwealth v. Baker, 258 Va. 1, 516 S.E.2d 219 (1999) (per curiam), aff'g Baker v. Commonwealth, 28 Va.App. 306, 504 S.E.2d 394 (1998) (holding that the failure to notify a juvenile's ......
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...Justice HARRY L. CARRICO This case involves a "Baker claim," i.e., one arising from this Court's decision in Commonwealth v. Baker, 258 Va. 1, 516 S.E.2d 219 (1999) (per curiam), aff'g Baker v. Commonwealth, 28 Va.App. 306, 504 S.E.2d 394 (1998) (failure to notify juvenile's parents of proc......
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3.4 Juvenile Law
...or guardians, and the jurisdictional nature of such notice. See Baker v. Commonwealth, 28 Va. App. 306, 504 S.E.2d 394 (1998), aff'd, 258 Va. 1, 516 S.E.2d 219 (1999); Williams v. Commonwealth, 26 Va. App. 776, 497 S.E.2d 156 (1998); Karim v. Commonwealth, 22 Va. App. 767, 473 S.E.2d 103 (1......
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7.5 Certification or Transfer to the Circuit Court F for Trial as an Adult
...notice to both parents was fatal to the conviction and divested the court of subject matter jurisdiction. See, e.g., Commonwealth v. Baker, 258 Va. 1, 516 S.E.2d 219 (1999).[28] Hailey v. Dorsey, 580 F.2d 112 (4th Cir. 1978); Harris v. Commonwealth, 222 Va. 205, 279 S.E.2d 395 (1981); Turne......
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7.5 Certification or Transfer to the Circuit Court for Trial as an Adult
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