CASE LAW UPDATE: Whether the trial court erred in denying adult certificate and extended jurisdiction juvenile (EJJ)?
Juvenile defendant was charged with second degree murder and aiding and abetting 1st degree aggravated robbery. The trial court denied the State’s motion for adult certification and extended juvenile jurisdiction (EJJ). The State appealed. The State argued that the trial court abused its discretion by failing to properly consider public safety factors. The Minnesota Court of Appeals held that when considering the culpability factor in determining whether granting adult certification serves public safety, the trial court may not consider mitigating factors that are not recognized by the Minnesota Sentencing Guidelines. Reversed and remanded.
In re H.B., A20-0954, Hennepin County.
Minneapolis Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.