Corder v. Rogerson case brief summary
192 F.3d 1165 (1999)
CASE FACTS
Defendant appealed district court's denial of habeas corpus petition attacking his conviction for murder and arson by alleging denial of due process in juvenile court's waiver of jurisdiction under Iowa Code § 232.45, for finding probable cause on the state's complaint and affidavit without witnesses and allegedly violating constitutional right to confrontation.
DISCUSSION
CONCLUSION
Denial affirmed of habeas petition alleging due process violation in juvenile court's waiver of jurisdiction without hearing witnesses. Juvenile court satisfied statute; waiver hearing need not have conformed to trial procedures; juvenile waiver proceedings did not involve confrontation right. Probable cause at waiver hearing properly found on prior determination without witnesses.
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192 F.3d 1165 (1999)
CASE SYNOPSIS
Plaintiff prisoner appealed denial by
United States District Court for Northern District of Iowa of habeas
corpus petition, attacking conviction for murder and arson by
alleging denial of due process in juvenile court's waiver of
jurisdiction on finding of probable cause based on state's complaint
and affidavit without hearing witnesses.CASE FACTS
Defendant appealed district court's denial of habeas corpus petition attacking his conviction for murder and arson by alleging denial of due process in juvenile court's waiver of jurisdiction under Iowa Code § 232.45, for finding probable cause on the state's complaint and affidavit without witnesses and allegedly violating constitutional right to confrontation.
DISCUSSION
- The court affirmed, as juvenile court complied with the statute's procedures.
- Also, at the waiver hearing, the court based its determination of probable cause on the probable cause determination made at the detention hearing, which was based on the probable cause found in issuing an arrest warrant.
- A waiver hearing need not conform with all the requirements of a criminal trial.
- Probable cause is properly decided by a magistrate in a nonadversarial proceeding on hearsay and written testimony without confrontation.
- Confrontation is not one of the "panoply of trial rights" that is applicable to juvenile waiver proceedings.
CONCLUSION
Denial affirmed of habeas petition alleging due process violation in juvenile court's waiver of jurisdiction without hearing witnesses. Juvenile court satisfied statute; waiver hearing need not have conformed to trial procedures; juvenile waiver proceedings did not involve confrontation right. Probable cause at waiver hearing properly found on prior determination without witnesses.
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