Opinion

Partlow v. United States

  • 673 A.2d 642
  • 1996 D.C. App. LEXIS 38
  • 1996 WL 125974
Court
District of Columbia Court of Appeals
Filed
Mar 21, 1996
Status
Published
Author
Ruiz
On the bench
Terry, Farrell, Ruiz
Cited by
2 cases

The opinion

RUIZ, Associate Judge,

concurring:

I write separately to make clear what this opinion holds and what it does not reach. Our only necessary holding is a narrow one: in terms of jurisdiction, a mistrial is a “nonevent” once a juvenile is properly brought before the Criminal Division. Thus, Partlow should be retried in the Criminal Division following mistrial because his ease was properly brought in that Division as Partlow was charged with an enumerated offense under D.C.Code § 16-2301(3)(A), and still may be convicted of a lesser-included offense. We are not deciding? because it is premature, whether, after retrial, the Criminal Division should proceed to sentence Partlow or whether Partlow could or should be transferred to the Family Division for disposition as a juvenile. That determination depends on the offense, if any, of which Partlow is found guilty upon retrial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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