State Of Washington v. K.l.g., 11/28/97
74061-0
| Wash. Ct. App. | Jan 17, 2017Background
- On May 5-6, 2015, K.L.G. and others drank heavily at a residence; T.N. later reported that K.L.G. had nonconsensual intercourse with her.
- Juvenile court charged K.L.G. with second-degree rape (RCW 9A.44.050).
- Parties stipulated to juvenile court retention of jurisdiction; an adjudicatory hearing occurred Sept. 14–16, 2015.
- The juvenile court found the allegation proven beyond a reasonable doubt and adjudicated K.L.G. guilty.
- At disposition (Oct. 5, 2015) the court adopted an agreed recommendation: 30–40 weeks in JJRA custody.
- On appeal, K.L.G. argued he was unconstitutionally denied a jury trial in juvenile court, raising the issue for the first time on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile defendants have a right to jury trials under Washington Constitution | K.L.G.: Articles I, §§21–22 guarantee jury trial in juvenile adjudication | State: No preserved objection below; even if considered, WA precedent rejects jury requirement in juvenile proceedings | Issue not reviewable for lack of preserved error and prejudice; on merits, no right to jury in juvenile court |
| Whether Sixth Amendment requires jury trial in state juvenile proceedings | K.L.G.: Sixth Amendment guarantees jury trial | State: Supreme Court/US Supreme Court precedent holds no federal right to jury in juvenile court | Denied — McKeiver controls; no federal constitutional right to jury in juvenile juvenile adjudication |
Key Cases Cited
- State v. Schaaf, 109 Wn.2d 1 (Wash. 1987) (Washington Constitution does not require jury trials in juvenile proceedings)
- State v. Chavez, 163 Wn.2d 262 (Wash. 2008) (reaffirming that state constitution does not guarantee jury trials in juvenile court)
- McKeiver v. Pennsylvania, 403 U.S. 528 (U.S. 1971) (U.S. Constitution does not require jury trials in juvenile adjudications)
- State v. Roberts, 142 Wn.2d 471 (Wash. 2000) (standard for review of unpreserved constitutional error requires showing practical and identifiable consequences)
- 1000 Virginia Ltd. P’ship v. Vertecs, 158 Wn.2d 566 (Wash. 2006) (Court of Appeals must follow directly controlling Washington Supreme Court precedent)