Williams v. State
| Decision Date | 15 September 1978 |
| Citation | 361 So.2d 1157 |
| Parties | Daniel Timothy WILLIAMS v. STATE of Alabama. 77-551. |
| Court | Alabama Supreme Court |
Cecil M. Tipton, Jr., Opelika, for appellant.
William J. Baxley, Atty. Gen. and J. Anthony McLain, Asst. Atty. Gen. for the State.
Danny Williams, a juvenile, was charged with rape, robbery, and burglary I. Pursuant to § 12-15-34, Code of Ala.1975, the juvenile court of Lee County ordered Williams transferred to circuit court for criminal prosecution as an adult. This order was appealed to the circuit court which, after a trial de novo, issued an order denying the appeal and transferring Williams for criminal prosecution. We affirm.
On August 25, 1977, Martha Sue Garrett reported she had been raped in her trailer at knifepoint. She described her assailant to police as a black male, 6'2 tall, wearing boxer-type shorts, a tank-top t-shirt, baseball cap, and high-top Converse tennis shoes. Her assailant carried a silver flashlight with a red rim and took her key case with him. Police originally arrested Williams' brother, Obediah Smith, and obtained warrants to search Smith's home, a trailer near Ms. Garrett's. A search of the room in which Williams was sleeping yielded a pair of Converse tennis shoes, a blue baseball cap, an orange tank-top t-shirt, a pair of gym shorts, a pair of men's underwear stained with semen, a black-handled flashlight with red rim, and a blue jean jacket with Ms. Garrett's key case in the pocket. Williams, who is 5'8 , claimed to have found the key case on the ground outside. Williams was then arrested and charged with the rape.
At the time of the alleged rape Williams was 14 years and 1 month old. The juvenile court conducted the hearing required by § 12-15-34 and entered an order transferring Williams for criminal prosecution. On appeal the circuit court conducted a trial de novo and entered an order affirming the transfer. Under Brown v. State, 353 So.2d 1384, 1386 (Ala.1977), we need only to consider the circuit court's hearing and order in our review.
The circuit court conducted an extensive hearing in which it received evidence tending to establish probable cause that Williams committed the rape. A report as required by § 12-15-34(e) was delivered to the court. Following this hearing the circuit court entered its order which basically recites § 12-15-34. As noted in Brown, where the order simply restates the language of the statute this Court will review the record to assure...
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D.M.M. v. State
...not interfere with a lower court's order transferring a juvenile to circuit court unless that order is clearly erroneous. Williams v. State, Ala., 361 So.2d 1157 (1978).' "Duncan, 394 So.2d at 932. (Emphasis added.) See also Slaton v. State, 555 So.2d 814 ".... "The appellant also questions......
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J.M.V. v. State
...not interfere with a lower court's order transferring a juvenile to circuit court unless that order is clearly erroneous. Williams v. State, Ala., 361 So.2d 1157 (1978)." Duncan v. State, 394 So.2d 930, 932 (Ala.1981). See also Slaton v. State, 555 So.2d 814, 815 (Ala.Cr.App.1989). "In deal......
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Whisenant v. State, 8 Div. 948
...Court nor our Supreme Court will interfere with the transfer order of the juvenile court unless it is "clearly erroneous". Williams v. State, 361 So.2d 1157 (Ala.1978). Our review convinces us that the juvenile court judge made a careful and conscientious determination that the case should ......
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T.R.D. v. State
...not interfere with the lower court's order [transferring a juvenile to circuit court] unless it is clearly erroneous." Williams v. State, 361 So.2d 1157 (Ala.1978). Accord, Duncan v. State, 394 So.2d 930, 932 (Ala.1981); Slaton v. State, 555 So.2d 814, 815 (Ala.Crim.App.1989); J.M.V. v. Sta......