Supreme Court of Connecticut

State of Connecticut v. David A. Fernandes, Jr. — Eveleigh, J., dissenting

January 5, 2011300 Conn. 104

Summary

Justice Eveleigh, joined by Justice Palmer, dissented from the conclusion that juvenile-court transfer of a class C, class D, or unclassified felony was merely ministerial and required no opportunity for the juvenile to contest the transfer. The dissent would construe the statutory text and legislative history to require a juvenile-court hearing and to vest the juvenile judge with discretion whether to order transfer. Justice Eveleigh therefore would have affirmed the Appellate Court's reversal of the conviction.