Court ordered to reconsider Native teen's case

Friday, July 6, 2007  

For the second time, the 9th Circuit Court of Appeals has ordered a federal judge to reconsider the criminal case of a Native teen accused of murder.

The juvenile from Montana was 15 years old when he allegedly committed second-degree murder. In December 2005, Judge Sam E. Haddon approved the federal government's request to try the teen as an adult.

On appeal, the 9th Circuit said Haddon "improperly concluded" that the male committed the offense at issue. So the case was sent back to the district court for further proceedings.

On remand, Haddon again assumed the juvenile committed the offense. He based his finding, in part, by comparing the defendant to other Native American youth "who never resort to violent and destructive behavior of the sort disclosed by the record in this case.”

In a per curiam opinion issued yesterday, the 9th Circuit said Haddon made a "clearly erroneous" finding with respect to the teen's social status. The court also said Haddon failed to account for the domestic violence the juvenile experienced at home and for the drug and alcohol use of his mother.

9th Circuit Court of Appeals Decision:
US v. Juvenile Male (July 5, 2007)

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