State v. B.B, 300 Conn. 748

BB, aged 16, arrested July 7, 2009 for possession of a weapon in a motor vehicle (Conn. Gen. Stat. § 29-38(a)).
Arraigned on the youthful offender docket July 8, 2009; court found probable cause for further proceedings.
State moved to transfer to the regular criminal docket under § 54-76c(b)(1); BB objected claiming a due process hearing was required.
Trial court granted transfer, holding no pre-transfer hearing was required and that discretion lay with the prosecutor.
Court held that due process requires notice and a hearing before finalization of transfer on the regular criminal docket, and affirmed the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Pre-transfer hearing required by § 54-76c(b)(1)?	BB entitled to hearing before transfer	Statute silent on pre-transfer hearing	No pre-transfer hearing required; hearing before finalization on the regular docket suffices.
Does the statute grant the court discretion to deny transfer?	BB argues court discretion exists	State contends prosecutor's motion governs transfer	Court has discretion before finalization; not solely prosecutor-driven.
Is due process satisfied by a hearing before finalization on the regular docket?	BB has liberty interest requiring due process	Defense asserts no pre-transfer hearing needed	Yes; due process satisfied by hearing prior to finalization on the regular docket.

State v. Fernandes, 12 A.3d 925 (2011) (juveniles have liberty interests in juvenile status and require due process when transferred)
Kent v. United States, 383 U.S. 541 (1966) (held juveniles require due process protections in transfer decisions)
Roper v. Simmons, 543 U.S. 551 (2005) (differences between juveniles and adults justify different treatment in justice system)
Graham v. Florida, 560 U.S. 48 (2010) (brain development and maturity considerations for juveniles)
State v. Angel C., 245 Conn. 93 (1998) (recognizes statutory rights for juveniles beyond constitutional guarantees)