Miller v. Anderson
| Decision Date | 07 March 1975 |
| Citation | 519 S.W.2d 826 |
| Parties | Buck Edward MILLER, Petitioner, v. Reed D. ANDERSON, Judge, Pike Circuit Court, etc., Respondent. |
| Court | United States State Supreme Court — District of Kentucky |
Anthony M. Wilhoit, Public Defender, J. Vincent Aprile, II, Asst. Public Defender, Frankfort, for petitioner .
Ed W. Hancock, Atty. Gen., Robert L. Chenoweth, Asst. Atty. Gen., Frankfort, for respondent.
Petitioner seeks to have this court enjoin the Honorable Reed D. Anderson, Judge of the Pike Circuit Court, First Division, from trying him for the offense of rape. Petitioner, who was a minor at the time the offense was committed, was indicted by the grand jury of Pike County, Kentucky, for the offense of rape. On motion duly made, the indictment was dismissed and petitioner was remanded to the Juvenile Court of Pike County. Proceedings were commenced in the Pike County Juvenile Court but as yet have not been concluded.
Petitioner attained his eighteenth birthday and, subsequent thereto, he was again indicted by the grand jury of Pike County for the offense of rape. The respondent judge overruled a motion to dismiss the present indictment and, although there has been no disposition of the proceedings in the juvenile court, is threatening to bring the present indictment on for trial. Petitioner charges, (1) that since the proceedings in the juvenile court have not been disposed of, the circuit court does not at this time have jurisdiction of the petitioner, and (2) that petitioner should not be required to undergo the rigors of preparation for and conduct of a trial with an appeal to this court in order to present this jurisdictional question.
KRS 208.020 provides:
'(1) The juvenile session of the county court of each county shall have exclusive jurisdiction in proceedings concerning any child, living, or found, within the county and has not reached his eighteenth birthday:
(a) Who has committed a public offense * * *.'
KRS 208.060 sets out the conduct of hearings and specifically provides in subsection (2) thereof that the juvenile proceedings shall consist of two distinct hearings, an adjudication and a disposition, which may, upon motion of the child, be held on separate days. KRS 208.190 provides:
KRS 208.200 provides:
'Probation or commitment of child convicted of public offense, or who is delinquent, neglected, needy or dependent.--(1) If in its decree the juvenile court finds that the child comes within the purview of subsections (1) or (2) of KRS 208.020, the court may, by order:'
(a) Place the child on probation subject to the jurisdiction of the juvenile court until he becomes twenty-one years of age; (paraphrased)
(b) Commit the child to a private or public institution until he becomes twenty-one years of age; (paraphrased)
(c) Commit the child to the Department of Child Welfare until he becomes twenty-one years of age. (paraphrased)
The case of Lowry v. Commonwealth, Ky., 424 S.W.2d 841, presented the question of 'Whether the circuit court had jurisdiction to try the appellant on an indictment made after he became eighteen years of age, when he was under that age at the time of the offense and no proceeding had been commenced in the juvenile session of the county court prior to his becoming eighteen years of age.' In disposing of the case, this court held that the circuit court had jurisdiction and, in doing so, said:
'The conclusion in thus reached that under the language of KRS 208 .020, the juvenile court has exclusive jurisdiction only when the proceedings are instituted against a child who has not reached his eighteenth birthday.'
It is to be noted that this court said that the...
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