In J.N. v. Superior Court (2018) 23 Cal.App.5th 706 the California Court of Appeal reversed a finding of transfer to the adult court because it found that the trial court “improperly evaluated the criteria, and applied the wrong burden of proof.” This case is particularly meaningful because J.N. was 20 years old at the time of the transfer hearing, was facing a murder charge, and the probation report recommended transfer.
This case is a “must read” for attorneys representing youth in transfer hearings. The case addresses issues regarding whether there is sufficient time to rehabilitate a juvenile prior to expiration of juvenile court jurisdiction and what constitutes substantial evidence in a proceeding.
Congratulations to all the attorneys involved in securing this fantastic win!
You can review the opinion here: http://www.courts.ca.gov/opinions/archive/G055499.PDF