[DOWNLOAD] "State v. Rubino" by Supreme Court Of Iowa. # Book PDF Kindle ePub Free

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eBook details

• Title: State v. Rubino
• Author : Supreme Court Of Iowa.
• Release Date : January 17, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

We granted further review to consider the States challenge to a court of appeals decision which reversed defendants conviction for first-degree burglary because of counsels failure to appear and advocate on his behalf at a "reverse waiver" hearing. See Iowa Code §§ 803.6, 232.8 (1995)(granting district court jurisdiction over juveniles sixteen years or older charged with committing a forcible felony and authorizing transfer to juvenile court in appropriate cases). We agree — and the State concedes — that the defendant, who was just days shy of his eighteenth birthday when arrested, is entitled to a new hearing on the question of whether he should have been tried as a juvenile rather than as an adult. Pending the outcome of that hearing, however, we find no error sufficient to upset the trial already held. We therefore vacate the decision of the court of appeals, reverse the district court in part and conditionally affirm defendants conviction subject to the possibility of a new trial depending on the outcome of the transfer hearing following remand.

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