In re D.C.
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The case involves a minor, D.C. Jr., who was charged with murder, attempted murder, and robbery. D.C. Jr., who has an IQ of 66, was 14 years old at the time of the alleged crimes. His counsel requested a competency determination before proceeding to the certification hearing. After an initial finding of incompetency followed by competency-restoration sessions, the juvenile court declared D.C. Jr. competent to proceed. However, the court did not explicitly address the conflicting expert testimony regarding D.C. Jr.'s understanding of the proceedings and ability to assist counsel.
The juvenile court certified D.C. Jr. for prosecution as an adult. The court's decision was based on the assumption that the competency standards for juvenile court applied, which was a mistake. The court did not adequately support its determination with findings, and it appears to have applied an incorrect standard.
The Supreme Court of Nevada vacated the certification order and the competency determination. The court held that a juvenile facing the possibility of prosecution as an adult on serious criminal charges must meet the adult criminal court standard for competence. The court remanded the case for the juvenile court to reassess D.C. Jr.'s competency using the correct standard. The court emphasized that the stakes were high, and the record did not show that the juvenile court correctly assessed D.C. Jr.'s competency to proceed. The court also vacated the order certifying D.C. Jr. for criminal proceedings as an adult, which followed the competency determination.
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