Opinion
SC 19578.
11-12-2015
STATE of Connecticut v. SAMUEL M.
Kathryn W. Bare, assistant state's attorney, in support of the petition. Bryan P. Fiengo, New London, in opposition.
Kathryn W. Bare, assistant state's attorney, in support of the petition.
Bryan P. Fiengo, New London, in opposition.
Opinion
The petition by the state of Connecticut for certification for appeal from the Appellate Court, 159 Conn.App. 242, 123 A.3d 44 (2015), is granted, limited to the following issues:
“1. Did the Appellate Court correctly determine that in crimes automatically transferred from the juvenile docket of the Superior Court to the regular docket of the Superior Court pursuant to General Statutes § 46b–127 (a)(1), the state bears the burden of establishing the child's eligibility to be tried and sentenced as an adult?
“2. If the answer to the first question is in the affirmative, did the Appellate Court correctly determine that the state must meet its burden with proof beyond a reasonable doubt?
“3. Did the Appellate Court apply the correct standard of review to the trial court's decision denying the defendant's motion to dismiss and transfer the case to the juvenile docket?
“4. If the answer to the third question is in the affirmative, did the Appellate Court correctly determine that the state failed to establish, by any burden of proof, that the defendant was at least fourteen years old at the time he committed the crimes?”