Public-domain · open source
OpenJurist

522 So. 2d 11

Jelks v. State

Court of Criminal Appeals of Alabama

Decided January 26, 1988

Court of Criminal Appeals of Alabama · decided 1988-01-26

Cited by 12 later decisions — most recently June 1994

12 state decisions

Key passage — most relied on by later courts

“"[T]he weighing of the six statutory factors and other considerations in determining whether a juvenile should be transferred from the juvenile court to the circuit court for criminal prosecution as an adult does not involve `a mere tallying of the circumstances for the purpose of numerical comparison'.... Rather, it is a balancing and weighing process wherein one statutory factor may outweigh the remaining five statutory factors."”

quoted by 3 later decisions, including JSA v. State, J.S.A. v. State

Relies on 419 So. 2d 219 - Gulledge v. State · Reeves v. State · 466 So. 2d 81 - Ex Parte Anonymous

Good law ✅— No negative treatment on recordhow we know

Decided 1988-01-26

View the full empirical analysis of this case →

¶1

¶2This is an appeal from a judgment of the Juvenile Court of Russell County ordering the transfer of sixteen-year-old James Arness Jelks to the Circuit Court for criminal prosecution as an adult for the murder of Jerome Williams.

¶3 The transfer order of the juvenile court fails to show that the court considered all of the six specific factors listed in Alabama Code 1975, § 12-15-34(d). This statute "compels consideration of each of the six factors and that the transfer order reflect consideration thereof." Reeves v. State, 419 So.2d 217, 218 (Ala. 1982); Gulledge v. State, 419 So.2d 219 (Ala. 1982); Ex parte Anonymous, 466 So.2d 81 (Ala. 1984).

¶4 Before a juvenile court may correct a previously entered improper order of transfer, it must conduct an evidentiary hearing. Ex parte Minor, 502 So.2d 776 (Ala. 1986).

¶5The judgment of the juvenile court is reversed. This cause is remanded with directions that that court conduct an evidentiary hearing and enter a written order *12 pursuant to, and conforming to the requirements of, § 12-15-34.

¶6REVERSED AND REMANDED.

¶7All Judges concur.

/522/so2d/11 · .json · Public domain