Shedd v. State
Shedd v. State
Opinion
This is an appeal from an order of the juvenile division of the district court of Cullman County transferring seventeen-year-old Michael Shedd to the circuit court for criminal prosecution as an adult for the offense of first degree robbery.
The trial judge held "that the complaint . . . does not have to be verified. The petition is the complaint against the defendant [and] must be verified."
The complaint is the standard "State of Alabama Unified Judicial System Form JU-2 Rev 2/79." The printed form contains no verification.
Section 12-15-50, Code of Alabama, 1975, provides: "Cases before the [juvenile] court shall be initiated by the filing of a petition by the intake officer who shall receive verifiedcomplaints and proceed thereon pursuant to rules of procedure adopted by the supreme court." (Emphasis added.) Rule 8(B), Alabama Rules of Juvenile Procedure, gives the intake officer of the juvenile court "the power to administer oaths for the purpose of verifying complaints."
Rule 12, A.R.J.P., governs the "initiation of cases" and provides:
"(A) Any person or agency having knowledge of the facts may make a complaint to the intake office alleging facts sufficient to establish the jurisdiction of the court and the delinquency, dependency or need of supervision of the child. A complaint is made when it is filed with the intake office, which shall immediately note thereon the date and time of filing.
"(B) Whenever the court is in receipt of a complaint the intake office shall conduct a preliminary inquiry to determine whether the child is within the jurisdiction of the court and whether the best interests of the child or of the public require that a petition be filed.
"(C) If it appears from the preliminary inquiry that the child is within the jurisdiction of the court and judicial action appears necessary, the intake office shall either:
"(1) make informal adjustment pursuant to Rule 15; or
"(2) file a petition where judicial action appears necessary."
The form of a petition is governed by § 12-15-52. The form of a complaint in a juvenile matter is not governed by the Code of Alabama or by the A.R.J.P. While a complaint may be verified, we find no statute or rule of the supreme court requiring the verification of a complaint. The "complaint" defined in §
"The purpose of a transfer hearing . . . [is] to establish whether there is probable cause for a child to be transferred from juvenile court for criminal prosecution as an adult. It is not a hearing to adjudicate the guilt or innocence of a child."Gallagher v. State,
In this case, the juvenile court acquired jurisdiction when the intake officer filed the verified petition. Rule 12(C)(2), A.R. J.P. See also Tolbert v. State,
In Taylor v. State,
Here, the record shows that the requirements of § 12-15-34(d) were satisfied and the record does not indicate that the juvenile was misinformed. Contrary to any indication otherwise in Taylor, supra, Ex parte Anonymous does not support the proposition that a reversal is automatically required whenever the record fails to show the juvenile court's compliance with Rule 24 where there was no objection and the alleged error has not been preserved for review.
The judgment of the juvenile court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Michael Shedd v. State.
- Cited By
- 18 cases
- Status
- Published