Alyson Smith

Document Type

Case Summary

Publication Date

4-18-2024

Case Synopsis

In order for a juvenile defendant to be found competent to proceed to a certification hearing, courts must consider the full context of the juvenile’s case and the juvenile must understand what the stakes are should if they are certified for proceedings in adult criminal court. Such a finding of competency must be supported by substantial evidence.

On appeal from a district court order certifying a juvenile for criminal proceedings as an adult, the Nevada Supreme Court considered whether the juvenile court applied an appropriate standard to determine the juvenile’s competence, and whether the determination was supported by substantial evidence. The Nevada Supreme Court ruled that it was an error to proceed to the certification hearing because the juvenile court did not properly resolve the juvenile’s competency challenge beforehand.

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