305 P.3d 1137
Wyo.2013Background
- Petitioner JB, 15 at the time, was charged in district court as an adult with nine violent felonies (including two murders, conspiracies, aggravated robberies, and arson) arising from a home invasion that resulted in two deaths.
- JB moved to transfer proceedings to juvenile court, arguing lack of planning, coercion by adults, developmental immaturity, and better prospects for rehabilitation in juvenile system.
- The State opposed transfer; the district court held a transfer hearing, issued a 16-page written decision, and denied the motion.
- The district court expressly placed the burden of persuasion on JB, requiring him to prove by a preponderance that transfer to juvenile court was warranted.
- JB filed a Petition for Writ of Review; the Wyoming Supreme Court granted review and considered whether the burden of persuasion was properly allocated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court improperly placed burden of persuasion on juvenile seeking transfer to juvenile court | JB: Burden of persuasion belongs to State to show waiver of juvenile jurisdiction; court erred assigning it to JB | State: JB waived the issue by not objecting; courts may judicially assign burdens and district court may place burden on movant | Court reversed: burden of persuasion for transfer motions is assigned to the State; district court erred and must reconsider transfer with burden on State |
| Whether failure to object to burden allocation constituted waiver | JB: No waiver—no discussion or knowing, voluntary relinquishment of right; allocation issue not raised until decision | State: Lack of objection constituted waiver of the allocation issue | Court rejected waiver argument: record does not show a knowing, voluntary waiver; allocation cannot be presumed waived here |
| Whether district court gave undue weight to seriousness of offenses | JB: Court treated "violent felony" label as dispositive, overshadowing other statutory factors | State: Weighting of factors is within district court discretion | Court: Remanded for reweighing; cautioned against affording undue weight to any single factor, including violent-felony label |
Key Cases Cited
- Hansen v. State, 904 P.2d 811 (Wyo. 1995) (assigns burden of persuasion in juvenile transfer matters to the State and distinguishes burden of production)
- Dan's Supermarket v. Pate, 33 P.3d 1121 (Wyo. 2001) (allocation of burden of proof is a question of law)
- JM v. Department of Family Servs., 922 P.2d 219 (Wyo. 1996) (legal standard on allocation reviewed de novo)
- Amoco Prod. Co. v. EM Nominee Partnership Co., 2 P.3d 534 (Wyo. 2000) (de novo review for questions of law)
- Craft v. State, 262 P.3d 1253 (Wyo. 2011) (waiver of constitutional rights requires knowing and voluntary relinquishment)
- Barker v. State, 106 P.3d 297 (Wyo. 2005) (waiver of right to testify requires knowledge and voluntariness)
- Bush v. State, 79 P.3d 1178 (Wyo. 2003) (waiver of appellate rights examined for voluntariness)
- Joyner v. State, 58 P.3d 331 (Wyo. 2002) (discussion of burden of production/go-forward evidence)