In re Waterman

212 Kan. 826, 512 P.2d 466 (1973)

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In re Waterman

Kansas Supreme Court
212 Kan. 826, 512 P.2d 466 (1973)

Facts

Jack Waterman (defendant) was found to be delinquent for the possession and sale of marijuana. About a year later, one month before Waterman turned 18, the state of Kansas (the state) (plaintiff) charged Waterman with the possession of marijuana, armed robbery, and premeditated murder. The juvenile court held a hearing to determine whether to waive its jurisdiction and instruct the prosecutor to try the matter in criminal court. Testimony at the hearing established that Waterman had a treatable mental illness, and if he were adjudicated delinquent, Waterman could be admitted to a psychiatric hospital for treatment. The court found that treatment was appropriate and entered an order retaining jurisdiction. The state appealed the order to the district court, which held a de novo hearing and sustained the juvenile court’s order. The state appealed to the Kansas Supreme Court, arguing that the juvenile court excluded evidence that tended to show that Waterman’s treatment would not be effective before Waterman turned 21 years old, when the juvenile court would lose jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Fontron, J.)

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