Opinion

In RE DILLENBURG v. Maxwell

  • 70 Wash. 2d 331
  • 413 P.2d 940
  • 1966 Wash. LEXIS 900
Court
Washington Supreme Court
Filed
Apr 28, 1966
Status
Published
Author
Donworth
On the bench
Hamilton, Donworth
Cited by
78 cases
Authority
More cited than 6.6%

if transfer of juvenile to adult court jurisdiction improper, then conviction must be reversed and matter remanded for proper proceedings

How later courts described this case

  • if transfer of juvenile to adult court jurisdiction improper, then conviction must be reversed and matter remanded for proper proceedings
  • faulty transfer from juvenile court requires remand to determine whether transfer was proper
  • “When, then, we spoke of ‘surrender of jurisdiction’ and ‘jurisdiction’ in reference to juvenile and superior court proceedings in our original opinion in this case, we were not accurately using the word ‘jurisdiction’ in its true juridical and traditional sense.”
  • juvenile court is “ ‘really the superior court or a department thereof’ ” (quoting State v. Ring, 54 Wn.2d 250, 253, 339 P.2d 461 (1959))

Written by the judges who cited it.

The opinion

Donworth, J.

(dissenting in part) — I have no objection to the elimination of the word “jurisdiction” from our former opinion nor to the majority’s general interpretation of the applicable statute and court procedure thereunder.

However, I do not concur in the result reached. The petitioner is now over 20 years of age and, under State v. Ring, 54 Wn.2d 250 , 339 P.2d 461 (1959), and State v. Melvin, 144 Wash. 687 , 258 Pac. 859 (1927), he is subject to trial upon the information filed in cause No. C-575 in the same manner as if he had been an adult when the alleged burglary was committed. I think that there is no present necessity to hold a hearing to determine nunc pro tunc whether he should or should not have been dealt with as a juvenile in September, 1962.

I would adhere to the result of our prior decision in this proceeding.

Weaver, J., and Barnett, J. Pro Tern., concur with Donworth, J.

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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