Kentucky Supreme Court
Commonwealth of Kentucky v. B.H.
June 14, 2018
Summary
The Court affirmed the determination that the juvenile district court had subject matter jurisdiction to conduct a competency hearing before deciding whether to transfer B.H. to circuit court. It held that the Commonwealth's objection concerned particular case jurisdiction rather than subject matter jurisdiction and was waived because it was not timely raised. The Court also concluded that statutory and constitutional protections required competency to be addressed before the transfer proceedings. No separate opinions were included in the record.