Public-domain · open source
OpenJurist

379 So. 2d 1238

Terrell v. State

Supreme Court of Alabama

Decided November 30, 1979

Supreme Court of Alabama · decided 1979-11-30

Cited by 4 later decisions — most recently May 1985

4 state decisions

Key passage — most relied on by later courts

“"The Court considering the results of that report, testimony taken on December 8, 1981, and the other matters as set out above, finds as follows: "1. That probable cause exists that the offense of Murder as alleged in the petition was committed and that said child committed said offense. "2. That said child at the time the alleged offense occurred was over 14 years of age and the act he was alleged to have committed would be a felony had he been an adult. "3. That the evidence is insufficient to show that the child is committable to an institution or agency for the mentally retarded or mentally ill. "4. That said child has an extensive juvenile court record. "5. That said child is a small 14 year old white male. "6. That there has been little benefit of the past treatment efforts on the part of the Juvenile Court. "7. That it would be in the best interest of the public to grant the motion. "The Court considering the above and each aspect of 12-15-34 (d), Code of Alabama, 1975, including the nature of the present offense, the child's demeanor, the extent and nature of the child's physical and mental maturity and the extent and nature of the child's prior delinquency record and the nature of the past treatment efforts and the child's response to such efforts as set out in the probation officer's report, and for cause shown, "It is therefore ORDERED, ADJUDGED AND DECREED that the said Culley Max Bragg be and is transferred to the Circuit Court of Calhoun County for criminal pros”

quoted by 1 later decision, including Bragg v. State

Relies on 353 So. 2d 1384 - Brown v. State · Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1979-11-30

View the full empirical analysis of this case →

¶1

¶2Defendant, Vicky Renoe Terrell, age 15, was charged with murder and armed robbery. Relying on Code of 1975, § 12-15-34, the Juvenile Court of Etowah County ordered the defendant transferred to the circuit court for trial and disposition as an adult. The transfer order was appealed to the circuit court, which, after a hearing de novo, ruled that transfer of the case to criminal court was warranted by the evidence and that there was probable cause for believing that the allegations against Terrell were true and correct. We affirm.

¶3The narrow issue posed in this case is virtually the same as that addressed by this Court in Brown v. State, Ala.,353 So.2d 1384 (1978), and Williams v. State, Ala., 361 So.2d 1157 (1978). In essence we are called upon to decide whether the trial court's action in ordering Terrell transferred for adult criminal treatment was "clearly erroneous" under the evidence. We hold that it was not.

¶4Code of 1975, § 12-15-34 (d) requires a trial court to consider evidence relating to six factors in determining whether to transfer a juvenile case to the circuit court. Those factors are:

¶5(1) The nature of the present alleged offense;

¶6 (2) The extent and nature of the child's prior delinquency record;

¶7 (3) The nature of past treatment efforts and the nature of the child's response to such efforts;

¶8(4) Demeanor;

¶9 (5) The extent and nature of the child's physical and mental maturity; and

¶10 (6) The interests of the community and of the child requiring that the child be placed under legal restraint or discipline.

¶11It is clear from the record in this case that an extensive hearing was held during which evidence pertinent to each of the foregoing factors was admitted. In its order the trial court stated that all of the statutory factors were taken into account in determining that Terrell's case should be transferred. It appears that the court felt that the evidence concerning the seriousness of the alleged offense and the best interest of the public outweighed the evidence of Terrell's low mental maturity (it is uncontroverted that he is mildly retarded).

¶12After a thorough review of the entire record, we are unable to say that the trial court erred in any respect under Code of 1975, § 12-15-34, in ordering Terrell's case transferred for criminal prosecution. Other issues raised by defendant in brief may be appropriately addressed at the circuit court level when the case is tried. The transfer order must be affirmed.

¶13AFFIRMED.

¶14TORBERT, C.J., and MADDOX, JONES and SHORES, JJ., concur. *1240

/379/so2d/1238 · .json · Public domain