302 Conn. 39
Conn.2011Background
- The state appeals a trial court denial of its motion to transfer two charges from the juvenile docket to the regular criminal docket under § 46b-127 (b).
- The issue is controlled by State v. Fernandes, which requires a hearing in criminal court before finalizing a transfer to the adult docket; no pretransfer juvenile court hearing is mandated.
- Defendant Elias G. was 15 in January 2010 when charged with larceny in the second degree (Class C), burglary in the third degree (Class D), and larceny in the fourth degree (Class A Misdemeanor).
- The juvenile court denied the transfer; the state appealed in March 2010, challenging that denial.
- In Fernandes, this court held that due process requires a hearing in criminal court prior to finalization of a transfer, not a juvenile court hearing, to contest transfer appropriateness.
- The Supreme Court reverses the juvenile court and remands to grant the transfer, holding Fernandes applies retroactively to pending cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process requires a hearing before finalizing transfer | State relies on Fernandes to require criminal court hearing prior to finalization. | Fernandes should not retroactively apply or modify pre-transfer procedures. | Fernandes applies; need hearing before finalization in criminal court. |
| Whether Fernandes applies retroactively to pending cases | Fernandes should control retroactively since pending at decision time. | Rule should not be retroactive absent explicit legislative intent. | Fernandes applies retroactively to the pending case. |
| Who has discretion to order transfer under § 46b-127 (b) | State possesses discretion to decide transfers to adult docket. | Juvenile court retains discretion over transfer decisions. | Jurisdictional discretion question resolved in favor of transfer being subject to statutory framework; transfer to be granted. |
Key Cases Cited
- State v. Fernandes, 300 Conn. 104 (2011) (due process requires hearing in criminal court before finalization of transfer)
- State v. Fernandes (Appellate Court), 115 Conn. App. 180 (2009) (Appellate Court held pretransfer juvenile court hearing required)
- State v. Vilalastra, 207 Conn. 35 (1988) (retroactivity considerations for new statutes)
- Luurtsema v. Commissioner of Correction, 299 Conn. 740 (2011) (retroactive application of procedural rules; distinctions between substantive and procedural statutes)
- Marone v. Waterbury, 244 Conn. 1 (1998) (general retroactivity principle for judgments not expressly prospective)
- Walsh v. Jodoin, 283 Conn. 187 (2007) (retrospective application of new procedural statutes)
- Jamar D., 300 Conn. 764 (2011) (interlocutory appeal considerations in transfer decisions)