Section 28 ByWritof Prohibition

• Library: Juvenile Law 2011

Although the juvenile court’s dismissal order is not a final judgment for purposes of appeal, a writ of prohibition may lie in extreme situations to permit limited review before the criminal court exercises its jurisdiction. In at least two Missouri appellate cases, a juvenile has obtained an absolute rule in prohibition against the criminal court, thereby halting the criminal proceedings and having the cause remanded to the juvenile court.

In State ex rel. D__ V__ v. Cook, 495 S.W.2d 127 (Mo. App. W.D. 1973), the court held that the criminal court did not have jurisdiction over the juvenile because of a fatal defect in the juvenile court dismissal proceeding. In Cook, the juvenile court petition failed to allege an offense that would be a felony if committed by an adult. For this reason...