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State v. BB
17 A.3d 30
Conn.
2011
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Background

  • defendant B.B. was age 16 when arrested on July 7, 2009 for possession of a weapon in a motor vehicle (29-38(a));
  • he was arraigned on the youthful offender docket on July 8, 2009 with probable cause found;
  • the state moved to transfer to the regular criminal docket under § 54-76c(b)(1);
  • the trial court granted transfer without holding a hearing on the transfer;
  • the defendant challenged the transfer as violative of due process;
  • the court held that § 54-76c(b)(1) does not require a pretransfer hearing and that due process is satisfied by a hearing on the regular docket before finalization of the transfer, which has not yet occurred;

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Is a pretransfer hearing required under § 54-76c(b)(1)? B.B. asserts due process requires a hearing before transfer. B.B. argues the statute deprives him of status without notice and a hearing. No pretransfer hearing required; due process satisfied by hearing before finalization on the regular docket.
Does B.B. have a liberty interest in youthful offender status? B.B. has a vested liberty interest in youthful offender status due to statutory benefits. State contends no protected interest beyond statutory eligibility. Yes, there is a liberty interest in youthful offender status.
Is due process satisfied by a hearing on the regular criminal docket before finalization? Hearing on the adult docket before finalization protects due process. Pre-transfer hearing on the youthful offender docket is not required. Yes; a hearing on the regular docket prior to finalization satisfies due process.
Does § 54-76c(b)(1) vest sole prosecutorial discretion to transfer without judicial discretion? Prosecutor discretion is unchecked; risk to juvenile status. Court has no discretion under (b)(1). Court retains discretion before finalization; prosecutor does not have sole discretion.

Key Cases Cited

  • State v. Fernandes, 300 Conn. 104 (2011) (held hearing before transfer when case moved from juvenile to criminal docket ( Rev. to 2005 statute))
  • State v. Angel C., 245 Conn. 93 (1998) (juvenile status rights and due process considerations for juvenile proceedings)
  • State v. Matos, 240 Conn. 743 (1997) (statutory rights beyond constitutionally protected rights; confidentiality and benefits tied to youth status)
  • Kent v. United States, 383 U.S. 541 (1966) (due process requirements for juveniles; right to a hearing)
  • Roper v. Simmons, 543 U.S. 551 (2005) (differences between juveniles and adults affecting justice processing)
  • Hicks v. State, 297 Conn. 798 (2010) (statutory interpretation and legislative intent guiding transfer procedures)
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Case Details

Case Name: State v. BB
Court Name: Supreme Court of Connecticut
Date Published: May 10, 2011
Citation: 17 A.3d 30
Docket Number: 18481
Court Abbreviation: Conn.