Section 11 Evidence
| Library | Juvenile Law 2011 |
A juvenile is entitled to an evidentiary hearing on a motion to dismiss to allow prosecution under the general law. In re A.D.R., 603 S.W.2d 575 (Mo. banc 1980); State v. Tate, 637 S.W.2d 67 (Mo. App. E.D. 1982). Section 211.071.6, RSMo Supp. 2010, and Rule 129.03 mandate an investigation and preparation of a written report by the juvenile officer that addresses the issues raised in the motion to dismiss. This report “shall be made to
the court.” Rule 129.03.b. This unequivocal statement makes it apparent...
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