MARCUS W. v. Superior Court

By timely petition (Ramona R. v. Superior Court (1985) 37 Cal.3d 802, 804, fn. 1 [ 210 Cal.Rptr. 204 , 693 P.2d 789 ]; Cal. Rules of Court, rule 1483 (j)), Marcus W. seeks a writ of mandate to reverse an order of the juvenile court finding that he is “not a fit and proper subject to be dealt with under the juvenile court law” (Welf. & Inst. Code, § 707, subd. (c)) and transferring the case to criminal court. (§§ 707.01, subd. (a)(3)(B), 707.1, subd. (a).) Among his challenges to the order, Marcus contends that the court improperly relied on his confession of involvement to police to find a prima facie case that at age 15 he committed the charged offense of murder, without holding a hearing to determine whether his statements were involuntary and coerced. Consequently, Marcus bore the burden to prove that he was amenable to treatment as a juvenile under all of the criteria enumerated in section 707, subdivision (c). The juvenile court found him unfit under only one—the circumstances and gravity of the offense—proved solely by his admissions to police.

We hold that where, as here, incriminatory statements are offered to establish a prima facie case that a minor committed…