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State in Interest of A.B

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eBook details

  • Title: State in Interest of A.B
  • Author : Court of Appeals of Utah
  • Release Date : January 03, 1997
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

OPINION This case is a consolidation of appeals of A.B. and R.M., both juveniles, from judgments of the Third District Juvenile Court binding each over to district court to be tried as adults. The juveniles challenge the constitutionality of the serious youth offender statute, Utah Code Ann. § 78-3a-602 (1996). The serious youth offender statute creates a narrow, judicially-mediated exception which permits juveniles to rebut the presumption that, in certain prescribed circumstances, juveniles will be bound over for criminal prosecution in district court. Once probable cause is found, the juvenile court retains jurisdiction only if the accused serious youth offender proves, by clear and convincing evidence, that the following three juvenile court ""retention factors"" exist:


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