· 10/14/2005
State v. Kalmakoff
Citations
- 122 P.3d 224
- 2005 Alas. App. LEXIS 118
- 2005 WL 2620213
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “the overwhelming weight of authority at this time concludes that Apprendi does not apply to juvenile waiver proceeding”
- finding that the weight of authority indicates that transfer proceedings are mere determinations of the court’s jurisdiction and therefore Apprendi protections do not apply
- finding that the weight of authority indicates that transfer Fproceedings are mere determinations of the court's jurisdiction and therefore Apprendi protections do not apply
- noting that a juvenile subject to legislative waiver “would have far fewer procedural protections, such as the right to have a lawyer represent him and the right to present evidence at a hearing in front of a judge”
- “[A]ll [but one] of the [] decisions that we have found conclude that the reasoning of Apprendi does not apply to juvenile waiver proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Coats, Mannheimer, Stewart
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.