COMMONWEALTH V. BURKHEAD
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In the case under review, the defendant, Paradise Burkhead, was charged with crimes committed when she was a juvenile. Under the juvenile transfer statute in effect at the time of her hearing, her case was transferred from the Jefferson District Court to the Jefferson Circuit Court for adult prosecution because she was over fourteen years old and had committed a felony with a firearm. After a new juvenile transfer statute came into effect, which eliminated the mandatory transfer requirement, Burkhead sought to have her case transferred back to the district court for a second transfer hearing. The circuit court granted her motion, despite the Commonwealth's objection. The Commonwealth appealed this decision, and the Court of Appeals affirmed. The Supreme Court of Kentucky reversed the lower courts' decisions.
The Supreme Court of Kentucky held that the Commonwealth's interlocutory appeal was proper and that the circuit court erred by ordering a second transfer hearing. The court found that the interlocutory appeal was justified under KRS 22A.020(4) because it was adverse to the Commonwealth's interests, the proceedings were not suspended, the appeal followed normal rules and procedures, and the Attorney General affirmed that appellate review was important to the correct and uniform administration of the law.
As for the retroactive application of the new juvenile transfer statute, the court held that "proceedings" in KRS 446.110 refers to the distinct phases of a case. Therefore, the court must apply the current procedural law governing the particular procedural phase being undertaken. The court held the transfer hearing was a completed phase of the criminal process, and nothing in KRS 446.110 suggested that a court must repeat a completed phase to comply with a procedural amendment. Therefore, the circuit court erred in remanding the case for a second transfer hearing. The case was remanded to the Jefferson Circuit Court for further proceedings.
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