C.B. v. State, 2012 Ark. 220

C.B., a juvenile, appeals rulings denying his motion to dismiss and to declare Ark. Code Ann. §9-27-318 unconstitutional and denying his transfer request to juvenile court.
C.B. escaped from a juvenile facility with two others; during the escape, a security guard died and another was injured.
In March 2010, C.B. was charged in Jefferson County Circuit Court with capital murder, multiple aggravated robberies, escape, and related offenses; he sought transfer to juvenile court.
Section 9-27-318 allows a prosecuting attorney to charge a sixteen-year-old in either juvenile or criminal court and permits a later transfer decision by the circuit court.
The circuit court conducted a hearing on the transfer request and found, by clear and convincing evidence, that the case should remain in the criminal division.
The court affirmed the denial of the transfer motion and rejected C.B.’s constitutional challenges to §9-27-318.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does §9-27-318 violate separation of powers?	CB argues it vests prosecuting attorneys with jurisdictional and burdens-of-proof power.	CB contends legislature created procedural rule; Johnson bars this.	No separation-of-powers violation; statute is substantive, not a court procedure rule.
Does §9-27-318 violate Art. II, §12 by suspending laws for juveniles?	CB asserts prosecutors can undermine juvenile protections.	Legislation did not suspend or set aside laws improperly; GA enacted it.	No Art. II, §12 violation.
Does §9-27-318(c) violate equal protection?	CB claims unequal treatment of juveniles in initial charging and burdens.	Statute has rational basis; no arbitrary or irrational classification.	No equal-protection violation.
Is §9-27-818 (typo in text; addressing punishment) cruel and unusual punishment claims premature?	CB argues juvenile sentencing under adult provisions risks Eighth Amendment violation.	No standing absent adjudication and sentencing.	Premature; no standing to challenge sentencing.

Jefferson v. State, 372 Ark. 307, 276 S.W.3d 214 (2008) (statutory presumptions; burden on challenger; constitutional validity)
Johnson v. Rockwell Automation, Inc., 2009 Ark. 241, 308 S.W.3d 135 (2009) (separation-of-powers; procedural vs substantive statute)
Cato v. Craighead Cnty. Circuit Court, 2009 Ark. 334, 322 S.W.3d 484 (2009) (policy making and constitutional limits on court rules)
Otis v. State, 355 Ark. 590, 142 S.W.3d 615 (2004) (equal-protection; juvenile treatment rationale)
Beck v. State, 317 Ark. 154, 876 S.W.2d 561 (1994) (restricting juvenile rights permissible with rational basis)
Ingraham v. Wright, 430 U.S. 651 (U.S. Supreme Court, 1977) (Eighth Amendment standing post-adjudication)
Sanford v. State, 331 Ark. 334, 962 S.W.2d 335 (1998) (juvenile transfer authority and seriousness of offense)