Ex parte Rodriguez

On or about March 25, 1995, applicant shot and killed Alexander Lopez. Applicant was sixteen years of age at the time. As a result of that incident, the State filed a juvenile-delinquency petition. On April 26, the State filed a motion to waive jurisdiction in the juvenile court and a petition to certify applicant to be tried as an adult. The next day, the case was reset for magistrate warnings to be given to applicant on May 4 and for a transfer hearing to be held on June 7. Applicant received magistrate warnings on May 4, but the transfer hearing was subsequently reset to July 27. On July 27, both parties announced “ready,” and the parties and witnesses were sworn to return at 10:00 a.m. on August 1 for “trial.” On appeal, applicant argued he was not properly served with a summons to the transfer hearing in the juvenile court. He further claimed that, as a consequence of that failure, the juvenile court did not have jurisdiction to transfer him and the district court did not have jurisdiction to try him. The Court of Criminal Appeals filed and set this application “to determine whether the district court lacked jurisdiction and whether this claim should be barred under the doctrine of laches.” After review, the Court concluded that the record did not affirmatively establish the trial court lacked jurisdiction, and consequently, it denied relief. View "Ex parte Rodriguez" on Justia Law