A. Within seven days after receipt of notice of an appeal from the transfer decision pursuant to subsection A of § 16.1-269.1, by either the attorney for the Commonwealth or the juvenile, or if an appeal to such a decision to transfer is not noted, upon expiration of the time in which to note such an appeal, the clerk of the court shall forward to the circuit court all papers connected with the case, including any report required by subsection B of § 16.1-269.2, as well as a written court order setting forth the reasons for the juvenile court's decision. Within seven days after receipt of notice of an appeal, the clerk shall forward copies of the order to the attorney for the Commonwealth and other counsel of record.
B. The circuit court, when practicable, shall, within 45 days after receipt of the case from the juvenile court pursuant to subsection A of § 16.1-269.1, (i) if either the juvenile or the attorney for the Commonwealth has appealed the transfer decision, examine all such papers, reports and orders and conduct a hearing to take further evidence on the issue of transfer, to determine if there has been substantial compliance with subsection A of § 16.1-269.1, but without redetermining whether the juvenile court had sufficient evidence to find probable cause; and (ii) enter an order either remanding the case to the juvenile court or advising the attorney for the Commonwealth that he may seek an indictment. A juvenile held continuously in secure detention shall be released from confinement if there is no hearing on the merits of his case within 45 days of the filing of the appeal. The circuit court may extend the time limitations for a reasonable period of time based upon good cause shown, provided the basis for such extension is recorded in writing and filed among the papers of the proceedings. However, in cases where a charge has been certified by the juvenile court to the grand jury pursuant to subsection B or C of § 16.1-269.1, the attorney for the Commonwealth may seek an indictment upon such charge and any ancillary charge without obtaining an order of the circuit court advising him that he may do so.
C. The circuit court order advising the attorney for the Commonwealth that he may seek an indictment shall divest the juvenile court of its jurisdiction over the case as well as the juvenile court's jurisdiction over any other allegations of delinquency arising from the same act, transaction or scheme giving rise to the charge for which the juvenile has been transferred. In addition, upon conviction of the juvenile following transfer or certification and trial as an adult, the circuit court shall issue an order terminating the juvenile court's jurisdiction over that juvenile with respect to any future criminal acts alleged to have been committed by such juvenile and with respect to any pending allegations of delinquency which have not been disposed of by the juvenile court at the time of the criminal conviction. However, such an order terminating the juvenile court's jurisdiction shall not apply to any allegations of criminal conduct that would properly be within the jurisdiction of the juvenile and domestic relations district court if the defendant were an adult. Upon receipt of the order terminating the juvenile court's jurisdiction over the juvenile, the clerk of the juvenile court shall forward any pending petitions of delinquency for proceedings in the appropriate general district court.
D. The judge of the circuit court who reviewed the case after receipt from the juvenile court shall not, over the objection of any interested party, preside over the trial of such charge or charges.
E. Any objection to the jurisdiction of the circuit court pursuant to this article shall be waived if not made before arraignment.
F. The time period beginning with the filing of a notice of appeal pursuant to § 16.1-269.3 or § 16.1-269.4 and ending with the order of the circuit court disposing of the appeal shall not be included as applying to the provisions of § 19.2-243.
1994, cc. 859, 949; 1996, cc. 755, 914; 1997, c. 862; 2003, c. 144; 2004, c. 468; 2010, c. 739.
Notes of Decisions
Shackleford v. Commonwealth, 547 S.E.2d 899 (Va. 2001).
· cites it 68× “6(E) could never be effective, even though timely asserted, once an indictment has been returned against the juvenile defendant.”
Moore v. Commonwealth, 527 S.E.2d 406 (Va. 2000).
· cites it 44× “Thus, Baker preserved the issue of this defect in the juvenile court proceedings and was not subject to the waiver of objection to the "jurisdiction" of the circuit court provided for in Code § 16.1-269.6(E), a statute we will address *409 subsequently in this opinion.”
Jackson v. Commonwealth, 499 S.E.2d 538 (Va. 1998).
· cites it 16× “During the 23-month interval between the date of the transfer order and August 21, 1996, when Jackson's trial began, it was discovered that indictments had been issued before the circuit court conducted the review of Jackson's transfer required by Code § 16.1-269.6. On June 23,…”
Winston v. Commonwealth, 497 S.E.2d 141 (Va. Ct. App. 1998).
· cites it 10× “” Code § 16.1-269.6(E). It is clear that the waiver provision of Code § 16.”
Burfoot v. Commonwealth, 473 S.E.2d 724 (Va. Ct. App. 1996).
· cites it 8× “But see Code § 16.1-269.6(C) (providing that the juvenile and domestic relations district court’s jurisdiction over a juvenile ends when the Commonwealth is authorized to seek an indictment).”
Asby v. Commonwealth, 539 S.E.2d 742 (Va. Ct. App. 2001).
· cites it 12× “Code § 16.1-269.6. As in Ramdass , the use of the prior conviction in the context of this case had the effect of dictating the status of the juvenile for purposes of imposing a significant detriment under the law.”
James Arthur Price, Jr. v. Commonwealth of Virginia, 492 S.E.2d 447 (Va. Ct. App. 1997).
· cites it 18× “Otherwise, the circuit court would have been without the procedural vehicle necessary to authorize the January 8, 1996 indictments pursuant to Code § 16.1-269.6. *662 Accordingly, defendant was held continuously in custody from the finding of probable cause in the district court…”
Schwartz v. Commonwealth, 581 S.E.2d 891 (Va. Ct. App. 2003).
· cites it 4× “" Code § 16.1-269.6(B). Because a circuit judge has discretion in making his or her ruling, we will not reverse this ruling "absent a showing that [the circuit judge's] exercise of discretion has been abused.”
Willis v. Commonwealth, 556 S.E.2d 60 (Va. Ct. App. 2001).
· cites it 6× “Code § 16.1-269.6(C) 2 directs the circuit court to enter an order divesting the juvenile court of jurisdiction over future criminal acts upon convicting a juvenile as an adult.”
Moore v. Commonwealth, 527 S.E.2d 415 (Va. 2000).
· cites it 4× “We also held that the provisions of Code § 16.1-269.6(E) did not effect a waiver of this defect.”
Nelson v. Warden of the Keen Mountain Corr. Ctr., 552 S.E.2d 73 (Va. 2001).
· cites it 7× “859 and 949) (see present Code § 16.1-269.6(B)). The Court of Appeals issued a writ of prohibition against further proceedings in the circuit court, holding that the twenty-one day requirement was mandatory and jurisdictional.”
Overdorff v. Commonwealth, 609 S.E.2d 626 (Va. Ct. App. 2005).
· cites it 10× “” Overdorff, therefore, argued that the juvenile *225 court had failed to comply with Code § 16.1-269.6(A), which requires “all papers connected with the case,” including “a written court order setting forth the reasons for the juvenile court’s decision,” to be sent from the…”
— Va. Code Ann. § 16.1-269.6(13) — 1 case
Jackson v. Commonwealth, 499 S.E.2d 538 (Va. 1998).
“During the 23-month interval between the date of the transfer order and August 21, 1996, when Jackson's trial began, it was discovered that indictments had been issued before the circuit court conducted the review of Jackson's transfer required by Code § 16.1-269.6. On June 23,…”
— Va. Code Ann. § 16.1-269.6(A) — 3 cases
Overdorff v. Commonwealth, 609 S.E.2d 626 (Va. Ct. App. 2005).
“” Overdorff, therefore, argued that the juvenile *225 court had failed to comply with Code § 16.1-269.6(A), which requires “all papers connected with the case,” including “a written court order setting forth the reasons for the juvenile court’s decision,” to be sent from the…”
James Arthur Price, Jr. v. Commonwealth of Virginia, 492 S.E.2d 447 (Va. Ct. App. 1997).
“Otherwise, the circuit court would have been without the procedural vehicle necessary to authorize the January 8, 1996 indictments pursuant to Code § 16.1-269.6. *662 Accordingly, defendant was held continuously in custody from the finding of probable cause in the district court…”
— Va. Code Ann. § 16.1-269.6(B) — 12 cases
Jackson v. Commonwealth, 499 S.E.2d 538 (Va. 1998).
“During the 23-month interval between the date of the transfer order and August 21, 1996, when Jackson's trial began, it was discovered that indictments had been issued before the circuit court conducted the review of Jackson's transfer required by Code § 16.1-269.6. On June 23,…”
Shackleford v. Commonwealth, 547 S.E.2d 899 (Va. 2001).
“6(E) could never be effective, even though timely asserted, once an indictment has been returned against the juvenile defendant.”
Schwartz v. Commonwealth, 581 S.E.2d 891 (Va. Ct. App. 2003).
“" Code § 16.1-269.6(B). Because a circuit judge has discretion in making his or her ruling, we will not reverse this ruling "absent a showing that [the circuit judge's] exercise of discretion has been abused.”
James Arthur Price, Jr. v. Commonwealth of Virginia, 492 S.E.2d 447 (Va. Ct. App. 1997).
“Otherwise, the circuit court would have been without the procedural vehicle necessary to authorize the January 8, 1996 indictments pursuant to Code § 16.1-269.6. *662 Accordingly, defendant was held continuously in custody from the finding of probable cause in the district court…”
— Va. Code Ann. § 16.1-269.6(B)(i) — 1 case
— Va. Code Ann. § 16.1-269.6(B)(ii) — 1 case
— Va. Code Ann. § 16.1-269.6(C) — 5 cases
Willis v. Commonwealth, 556 S.E.2d 60 (Va. Ct. App. 2001).
“Code § 16.1-269.6(C) 2 directs the circuit court to enter an order divesting the juvenile court of jurisdiction over future criminal acts upon convicting a juvenile as an adult.”
Burfoot v. Commonwealth, 473 S.E.2d 724 (Va. Ct. App. 1996).
“But see Code § 16.1-269.6(C) (providing that the juvenile and domestic relations district court’s jurisdiction over a juvenile ends when the Commonwealth is authorized to seek an indictment).”
James Arthur Price, Jr. v. Commonwealth of Virginia, 492 S.E.2d 447 (Va. Ct. App. 1997).
“Otherwise, the circuit court would have been without the procedural vehicle necessary to authorize the January 8, 1996 indictments pursuant to Code § 16.1-269.6. *662 Accordingly, defendant was held continuously in custody from the finding of probable cause in the district court…”
— Va. Code Ann. § 16.1-269.6(E) — 8 cases
Shackleford v. Commonwealth, 547 S.E.2d 899 (Va. 2001).
“6(E) could never be effective, even though timely asserted, once an indictment has been returned against the juvenile defendant.”
Moore v. Commonwealth, 527 S.E.2d 406 (Va. 2000).
“Thus, Baker preserved the issue of this defect in the juvenile court proceedings and was not subject to the waiver of objection to the "jurisdiction" of the circuit court provided for in Code § 16.1-269.6(E), a statute we will address *409 subsequently in this opinion.”
Winston v. Commonwealth, 497 S.E.2d 141 (Va. Ct. App. 1998).
“” Code § 16.1-269.6(E). It is clear that the waiver provision of Code § 16.”
Burfoot v. Commonwealth, 473 S.E.2d 724 (Va. Ct. App. 1996).
“But see Code § 16.1-269.6(C) (providing that the juvenile and domestic relations district court’s jurisdiction over a juvenile ends when the Commonwealth is authorized to seek an indictment).”
Moore v. Commonwealth, 527 S.E.2d 415 (Va. 2000).
“We also held that the provisions of Code § 16.1-269.6(E) did not effect a waiver of this defect.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.