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96 Nev. 791

618 P.2d 350

Kell v. State

Nevada Supreme Court

Decided October 29, 1980

Nevada Supreme Court · decided 1980-10-29

Key passage — most relied on by later courts

“); NRS 62B.330 (providing that the juvenile court has exclusive original jurisdiction over a child alleged or adjudicated to have committed a delinquent act and listing acts deemed not to be delinquent and therefore not within the juvenile court's jurisdiction). However, Barber argues that the juvenile court lost jurisdiction and could not certify the case to the district court when it did not comply with NRS 62D.310. We disagree. Under NRS 62D.310(1),”

quoted by 2 later decisions, including BARBER (JAQUEZ) VS. STATE, BARBER (JAQUEZ) VS. STATE

“the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.”

quoted by 2 later decisions, including BARBER (JAQUEZ) VS. STATE, BARBER (JAQUEZ) VS. STATE

Relies on Levy & Zentner Co. v. Justice Court · A. B. Paul & Co. v. Beegan

Good law ✅— No negative treatment on recordhow we know

Decided 1980-10-29

How this case has been cited

Cited by 20 later decisions — most recently March 2024

2 federal appellate · 14 state decisions

8019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 OPINION

Per Curiam:

¶2 Appellant Scott Dean Kell, a minor, was charged with murder in the district court. He moved the court for an order directing an investigation to determine whether he should be treated as a juvenile in the juvenile division of the district court. The district court, however, concluded that it lacked authority under the Juvenile Court Act, NRS 62.010 et seq., to transfer a case where the juvenile was charged with murder to the juvenile division of the court, and, accordingly, denied appellant’s motion. The case proceeded to trial. Kell was convicted of first degree murder. He appeals the conviction. We affirm.

¶3 We recognize, as did the district court, that there are ambiguities in the Juvenile Court Act which may suggest that the legislature intended to allow a juvenile charged with murder or attempted murder, NRS 62.040(l)(c)(l); 62.060(1), to make a showing of “exceptional circumstances” sufficient to warrant his transfer to the juvenile division. 1 However, the juvenile court system is a creation of statute, and it possesses only the *793 jurisdiction expressly provided for it in the statute. See Levy & Zentner Co. v. Justice Court, 48 Nev. 425, 233 P. 40 (1925); Paul & Co. v. Beegan & Co., 1 Nev. 327 (1865). Although a statutory provision by which a juvenile charged with murder or attempted murder may have his case transferred to the juvenile division of the district court may well be desirable, in certain circumstances, see NRS 62.290, we may not imply ex nihilo a grant of jurisdiction to try such an offense as a delinquent act within the juvenile court’s jurisdiction under the present provisions of NRS 62.040(1)(c). 2

¶4 The judgment of the district court is affirmed.

1

¶5 The legislative history of the act, Minutes of the Senate Judiciary Committee, April 21, 1977, indicates that the proponents of the bill thought that transfer of such cases would be possible on a showing of exceptional circumstances justifying juvenile treatment of the offender. There is a further indication of this intent in NRS 62.170(7), which provides:

During the pendency of a criminal or quasi-criminal charge of murder or attempted murder, a child may petition the juvenile division for temporary placement in a juvenile detention facility pending final disposition of the issue of jurisdiction. [Emphasis added.]
2

¶6 NRS 62.040 provides that the juvenile court “has exclusive original jurisdiction in proceedings:.. .. (c) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he: (1) Commits an act designated a crime under the law of the State of Nevada except murder or attempted murder . . .” ■

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