Wednesday, April 03, 2013

U.S. v. LKAV, Juvenile Male, No. 12-10483 (04-02-13) (N. Smith with Farris and Burgess, D.J. Alaska)
(Note: This is an Az FPD case)
Defendant, a juvenile male, was charged with murder under the Federal Juvenile Delinquency Act, 18 U.S.C. 5031-42.  He was 17 at the time (now 21).  Suffering from mental health issues, he was determined to be incompetent after an evaluation held locally.  The government then moved, and the district court agreed, that he be committed to an adult facility for restoration.  Juvenile defendant argued, in an interlocutory appeal, that he must be sent to a juvenile facility for restoration under 5073(c).  The government said that the statute does not mention "competency," although it does refer to "study," and the competency statutes for adults must apply.  The 9th rejects this interpretation.  The plain language of the statute, the legislative history, and the practical results all mandate that a juvenile, proceeded against as a juvenile, must be treated as a juvenile for restoration under the applicable statute for mental study and observations and treatment.

Congratulations to AFPDs Ryan Moore, Yendi Castillo-Reina, and Brian Rademacher, FPD Arizona (Tucson) for the win.


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