Friday, February 27, 2009

U.S. v. James, No. 07-10122 (2-26-09). Once a juvenile is transferred to adult status, can new charges be added or does another transfer hearing have to take place? The 9th (Clifton joined by Hug and Roth) hold that it would serve little purpose to go back for a transfer hearing when the defendant has already been transferred. In this case, which involved murders, robberies, and sexual assaults on an Indian reservation, the 9th did find, with a government concession, that robbery and second-degree murder were lessers of a felony murder conviction, and so vacated. The defendant is still doing life.


Post a Comment

<< Home