[DOWNLOAD] "In re Welfare of John Harold Lewis" by Supreme Court of Washington No. 44905 * Book PDF Kindle ePub Free
eBook details
- Title: In re Welfare of John Harold Lewis
- Author : Supreme Court of Washington No. 44905
- Release Date : January 06, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[89 Wash2d Page 114] This is a companion case to In re Lewis, 88 Wash. 2d 556, 564 P.2d 328 (1977). There we held that an indigent minor charged with committing a crime has the constitutional right to appointed counsel and expenditure of public funds for the purpose of appellate review of an order of the juvenile court transferring his case to the prosecuting attorney for adult prosecution. In this appeal, we consider whether language in that departmental opinion indicating such an appeal is one of right under RAP 2.2(a)(3) should be modified to hold the appeal to be one subject to discretionary review under RAP 2.3(a) and (b). The latter rule provides for review if the superior court has committed an obvious error, RAP 2.3(b)(1); committed probable error which substantially alters the status quo, RAP 2.3(b)(2); or ""has so far departed from the accepted and usual course of judicial proceedings . . . as to call for review by the appellate court."" RAP 2.3(b)(3). We hold review is discretionary rather than a matter of right and affirm the order of the Court of Appeals which denied review of the juvenile court order transferring jurisdiction in this case on the basis of a failure to demonstrate such a manifest abuse of discretion as to constitute ""probable error.""