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eBook details

• Title: In Re Welfare of N.J.S.
• Author : Supreme Court of Montana
• Release Date : January 31, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Appellant N.J.S. was 15 years old when he was charged with second-degree murder, Minn. Stat. § 609.19, subd. 1(1) (2006), for the shooting death of his grandmother. The State of Minnesota filed a motion to certify appellant for adult prosecution under Minn. Stat. § 260B.125 (2006). This statute requires a court to consider six factors in determining whether to certify a juvenile. Id., subd. 4. One of these factors is "the child?s prior record of delinquency." Id. Appellant had no prior delinquency petitions or adjudications, but the district court considered evidence of his behavioral incidents at school as part of his "prior record of delinquency." The district court concluded that all six factors weighed in favor of certification and certified appellant for adult prosecution. The court of appeals affirmed. In re Welfare of N.J.S., No. A06-2277, 2007 WL 2417265 (Minn. App. Aug. 28, 2007). We affirm the certification for adult prosecution, but we reverse the court of appeals? determination that school records can be part of the "prior record of delinquency."

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