Minnesota Juvenile Offender Certified as Adult in Second Degree Murder Case
The Minnesota Court of Appeals has affirmed a district court order certifying a 17 year old defendant as an adult in a second degree murder case. The relevant opinion is entitled In re the Welfare of MED. Judge Klaphake drafted the opinion.
In a certification proceeding, the Court of Appeals will review the district court’s findings for a clear error utilizing an abuse of discretion standard. Because the minor was 17 years old at the time of the offense and the offense was one that would result in a presumptive prison commitment under the sentencing guidelines, it is presumed that the proceeding would be certified for adult prosecution. Consequently, the child has the burden of rebutting this presumption by demonstrating by clear and convincing evidence that retaining the proceeding in the juvenile court serves the public safety. If the child does not rebut the presumption, the court must certify the matter in adult court.
Judge Klaphake wrote:
Appellant failed to present evidence to support his contention that public safety would be served if he remained in the juvenile system. The offense charged is serious and appellant has a steady history of juvenile offenses, including both misdemeanors and a felony adjudication. Appellant participated in limited programming at Prairie Lakes Youth Program (PLYP) after his arrest; according to PLYP records, appellant 'has not done well,' 'has had several problems with the program and has had consequences for his thinking and actions,' and 'has had an above average amount of consequences.'
The Court found that the minor defendant provided no clear and convincing information to rebut this information or to demonstrate that public safety would be served by retention in the juvenile system. Therefore, the Court affirmed the district court’s order.
Under Minnesota law, to try a minor as an adult, a certification hearing must take place. The prosecutor will note his or her intention to move the case into adult court through a motion at the first juvenile court appearance. Once requested, a certification study often takes place. During this study, experts will examine a child's criminal history, meet with the accused and offer recommendations about the appropriate forum to try the case.
