Affirmative waivers required for juvenile transfer hearings: LAKE V. COM. (COA 1/25/2008)

LAKE V. COM.
CRIMINAL:  Waiver of transfer hearings for juveniles and affirmative waivers
2007-CA-000172
PUBLISHED: VACATING AND REMANDING
PANEL: ACREE PRESIDING; NICKELL AND GUIDUGLI CONCUR
COUNTY: KNOX
DATE RENDERED: 1/25/2008

David Lake appeals from an order of the Knox Circuit Court denying his request for RCr 11.42 relief after an evidentiary hearing. Lake raises issues of ineffective assistance of counsel and witness perjury and argues defense counsel improperly waived the hearing to transfer the case from juvenile court to circuit court that is mandated by Kentucky Revised Statute (KRS) 640.010(2).

In the case at hand, there was absolutely no evidence of a valid waiver of the statutory requirements of KRS 640.010(2).  Lake neither signed any document purporting to waive his right to a transfer hearing, nor did the juvenile court conduct such a hearing. Rather, the juvenile court accepted defense counsel’s stipulation of his client’s appropriateness for transfer with very little questioning, and none of it directed at Lake. Any juvenile whom the Commonwealth seeks to prosecute as a youthful offender is entitled to a hearing in the juvenile court to decide whether the circuit court shall obtain jurisdiction to try the juvenile as an adult.

Michael Stevens