X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

T. F. was charged in juvenile court with burglary1 and possession of marijuana with intent to distribute.2 He appeals the juvenile court’s order transferring his case to superior court, arguing that the court erred in i relying on hearsay testimony during the transfer hearing, ii finding that there were reasonable grounds to believe that he committed the offenses alleged, and iii finding that his and the community’s interests required transfer. For the reasons set forth below, we affirm. Pursuant to OCGA § 15-11-30.2, a juvenile court may transfer a case to an appropriate court if, in its discretion, it determines that there are reasonable grounds to believe that . . . the child committed the delinquent act alleged; . . . the child is not committable to an institution for the mentally retarded or mentally ill; . . . the interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and . . . the child . . . was at least 15 years of age at the time of the alleged delinquent conduct. . . . OCGA § 15-11-30.2 a 3 A-C, 4 A. “When considering an order of the juvenile court transferring jurisdiction, the function of this court is limited to ascertaining whether some evidence exists to support the juvenile court’s determination.” Punctuation omitted. In the Interest of J. B. H. 3 “Determinations of a juvenile court made on an exercise of discretion, if based upon evidence, will not be controlled by this court.” Punctuation omitted. In the Interest of S. K. K. 4

At the hearing on the State’s motion to transfer the case to superior court, a psychologist, who conducted a mental evaluation of T. F., testified that he was not mentally retarded or mentally ill and that he would benefit from further counseling and substance abuse treatment. Regarding the burglary charge, a police officer testified, over T. F.’s objection, as to a fellow officer’s report on the investigation of the crime. According to that report, on November 23, 2007, a homeowner came home to find three black males leaving his house after having broken into it. The homeowner recognized one of the burglars as Antonio McKinley, who was a friend of his roommate’s son. After McKinley was arrested, he confessed to the burglary and identified T. F. as being one of the other persons involved. Later, McKinley’s mother was shown a photograph of T. F. and identified him as being the person who picked up her son just prior to the burglary.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
August 12, 2024 - August 13, 2024
Sydney, New South Wales

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Learn More

COLE SCHOTZ P.C. TRUSTS & ESTATES ADMINISTRATIVE ASSISTANT: NEW JERSEY OR NEW YORK OFFICES: Prominent mid-Atlantic la...


Apply Now ›

Post & Schell's Casualty Litigation Department is currently seeking an attorney with 2- 4 years of litigation experience, preferably in ...


Apply Now ›

A client focused Atlanta Personal Injury Law Firm is seeking an experienced, highly motivated, and enthusiastic personal injury attorney who...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›