Reeves v. State
Decision Date | 27 August 1982 |
Parties | James Robert REEVES, Jr. v. STATE of Alabama. 81-282. |
Court | Alabama Supreme Court |
M. A. Marsal and George L. Simons, Mobile, for appellant.
Charles A. Graddick, Atty. Gen., and Bill North, Asst. Atty. Gen., for appellee.
The defendant, James Robert Reeves, Jr., a juvenile, appeals from an order transferring his case from the juvenile division to the criminal division of Mobile County Circuit Court. He contends that the order of the juvenile division does not comply with Ala.Code 1975, § 12-15-34. We reverse and remand.
On November 3, 1981, the state filed a motion with the juvenile division to transfer Reeves to the criminal division to be tried as an adult on a charge of murder. On December 8, 1981, after a hearing, the juvenile division issued an order to transfer. Reeves perfected his appeal of that order to this Court on December 17, 1981. The juvenile division issued an order on January 15, 1982, amending nunc pro tunc the order of December 8, 1981. Reeves attacks the validity of both orders.
Section 12-15-34(d), Ala.Code 1975, requires a juvenile court to consider evidence of six specific (and other relevant) factors in determining whether a transfer motion should be granted. The statute mandates that the court order reflect consideration of those specific factors, and "set forth the basis for the order with sufficient specificity to permit meaningful review." Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966). Those factors which the court must consider are:
In the present case, the order of the juvenile division, dated December 8, 1981, does not meet the standards set out in § 12-15-34. That order reads as follows:
There is no statement or finding in this order of the trial court to show that it considered those specific factors in § 12-15-34(d). We have previously held that a transfer order containing a restatement of the factors set out in the statute, and thereby indicating that each was considered by the court, is valid. Brown v. State, 353 So.2d 1384 (Ala.1977). Here, however, there is no such recitation. Thus, it falls short of the statutory requirements. Although it notes that the charge is a serious crime and expresses the opinion that the defendant cannot be properly disciplined in the juvenile system, the statute requires that it go further and consider the other factors enumerated. The nature of the crime and the child's response to any treatment or discipline efforts are but two of...
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...the factors enumerated in Section 12-15-34(d).... While 'legislation compels consideration of each of the six factors,' Reeves [v. State, 419 So.2d 217, 218 (Ala.1982) ], the weight to be given each of those factors in balancing the interests of the juvenile and society must be left to the ......
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Whisenant v. State, 8 Div. 948
...and should be treated as a juvenile. The decision to transfer a juvenile for prosecution as an adult is a judicial one, Reeves v. State, 419 So.2d 217, 218 (Ala.1982), involving a mandatory consideration of each of the factors enumerated in Section 12-15-34(d). Gulledge v. State, 419 So.2d ......
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