Determining Juvenile's Age Key to Ensuring Juvenile Received Protections

Vol 31 No 2

District court’s order denying juvenile’s motion to dismiss indictment based on lack of subject matter jurisdiction was immediately appealable. Juvenile claimed the indictment misstated his age at the time of the alleged crime and juvenile court, not district court, had subject matter jurisdiction. Determining the defendant’s age at the time of the offense finally determines his right to be tried in juvenile court and requires immediate review to ensure juvenile court protections are not lost.

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