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