STATE v. J.C.N.-V.

(CC J090600; CA A147958; SC S063111).

380 P.3d 248 (2016)

359 Or. 559

In the MATTER OF J. C. N.-V., a Youth. State of Oregon, Respondent on Review, v. J. C. N.-V., Petitioner on Review.

Supreme Court of Oregon.

May 26, 2016.


Attorney(s) appearing for the Case

Angela Sherbo , Youth, Rights and Justice, Portland, argued the cause and filed the briefs for petitioner on review.

Erin K. Galli , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Jordan R. Silk , Schwabe, Williamson & Wyatt, P.C., Portland, filed the brief for amici curiae Megan E. Annito, Neelum Arya, Tamar R. Birckhead, Caroline Davidson, Barry C. Feld, Erik J. Girvan, Martin Guggenheim, Leslie Harris, Carrie. S. Leonetti, Susan F. Mandiberg, Margie L. Paris, and Barbara Bennett Woodhouse.

Marsha Levick , Juvenile Law Center, Philadelphia, Pennsylvania, argued the cause and filed the brief for amici curiae Juvenile Law Center, American Probation and Parole Association, The Barton Child Law and Policy Center, The Campaign for the Fair Sentencing of Youth, Campaign for Youth Justice, Center on Children and Families, Michele Deitch, Fight for Lifers West, Inc., Kristin Henning, Justice Policy Institute, Louisiana Center for Children's Rights, Mental Health America of Oregon, National Association of Criminal Defense Lawyers, National Center for Youth Law, National Juvenile Defender Center, National Juvenile Justice Network, Pacific Juvenile Defender Center, Rutgers-Camden School of Law Children's Justice Clinic, Sothern Poverty Law Center, Youth Law Center, Youth M.O.V.E. Oregon. With her on the brief was Roy Pulvers, Holland & Knight LLP, Portland.

Sara F. Werboff , Portland, filed the brief for amicus curiae Oregon Justice Resource Center. With her on the brief were Lindsay Burrows and Elizabeth G. Daily.

Bronson D. James , Portland, filed the brief for amici curiae American Academy of Child and Adolescent Psychiatry and individual academics.

Before Balmer, Chief Justice, Kistler, Walters, Landau, Baldwin, and Brewer, Justices.


This case involves a challenge to a juvenile court's decision to waive its jurisdiction over a 13-year-old boy who was alleged to have committed aggravated murder. Under the relevant statutes, ORS 419C.352 and ORS 419C.349, a youth under the age of 15 who is alleged to have committed murder may be waived into adult court only if, at...

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