Does the State Have a Right to Appeal Juvenile Court's Ruling Denying Discretionary Bindover to Adult Court?
In the Matter of: Meredith Poling, Alleged Delinquent Child, Case no. 2008-1562
3rd District Court of Appeals (Hardin County)
ISSUE: In a case where the state seeks a discretionary ruling by a juvenile court binding over a juvenile offender under 16 years of age for trial in adult court, if the juvenile court issues a ruling denying the requested bindover based on its determination that the juvenile is "amenable to rehabilitation through the juvenile justice system," does the state have a right to appeal the trial court's decision to a court of appeals, or must the state file a motion for leave to appeal, which the court of appeals may either grant or deny in its discretion?