State v. Fernandes, 12 A.3d 925

Fernandes, age 15, faced a conspiracy charge in juvenile court for September 1, 2005 incident at school.
On November 11, 2005, the case was transferred to the regular criminal docket under § 46b-127 (b) without any juvenile court hearing.
A substitute information charged him with assault in the second degree as an accessory; trial as an adult occurred in 2007.
Jury found him guilty of assault in the second degree as an accessory; sentenced to a three-year term with suspended execution and three years’ probation.
Appellate Court reversed, concluding due process required a pretransfer juvenile court hearing to contest transfer.
Connecticut Supreme Court held there was no statutory right to a pretransfer juvenile hearing, but due process required a hearing in criminal court before transfer finalization; Appellate Court’s judgment reversed and case remanded to affirm trial court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 46b-127 (b) requires a pretransfer juvenile hearing.	Fernandes; Appellate Court held yes, due process requires a juvenile hearing.	Fernandes; statute does not require a juvenile hearing before transfer.	No statutory right to pretransfer juvenile hearing; but due process requires a criminal court hearing before finalization.

Kent v. United States, 383 U.S. 541 (U.S. 1966) (juvenile status rights; due process requires individualized assessment before transfer)
State v. Angel C., 245 Conn. 93 (Conn. 1997) (juvenile status liberty interests; due process protections when discretionary transfer procedures exist)
In re Ralph M., 211 Conn. 289 (Conn. 1989) (duplication risks in juvenile/adult transfer proceedings; revisiting transfer procedures)
Kent v. United States (cited again for Kent principles), 383 U.S. 541 (U.S. 1966) (see above)
State v. Courchesne, 296 Conn. 622 (Conn. 2010) (statutory interpretation and legislative history principles)