United States Ninth Circuit

In appeal by defendant, a juvenile charged with second degree murder and using a firearm during a crime of violence, district court's order granting the government's motion to transfer juvenile proceedings for adult prosecution is affirmed, where the district court: 1) did not abuse its discretion in assessing defendant's intellectual development by relying solely on lay testimony as a psychological evaluation is not a prerequisite to approving a transfer motion; 2) did not abuse its discretion in its evaluation of available treatment programs; and 3) did not violate Defendant’s due-process rights in presuming guilt for the purposes of the transfer decision.

Appellate Information

• Decided 01/09/2013
• Published 01/09/2013

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel