In re Interest of A.L.D.

649 S.W.3d 370

In the INTEREST OF: A.L.D.,

No. ED 109679

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Filed: August 9, 2022

Jeffrey C. Esparza, 920 Main Street, Ste. 500, Kansas City, MO 64105, Daniel Feldman, 1010 Market St., Ste. 1340, St. Louis, MO 63101, for appellant.

Alexander Martinez, Abbey McDonough, 105 South Central Avenue, Clayton, MO 63105, for respondent.

Cristian M. Stevens, J.

Introduction

A.L.D. appeals from the circuit court's judgment ordering A.L.D. released from the juvenile court and transferred for prosecution as an adult under general law. A.L.D. argues, first, that the circuit court plainly erred by conducting the certification hearing virtually via video conference and, second, that the court abused its discretion in certifying A.L.D. to be prosecuted as an adult under general law.

Based on controlling caselaw, we reverse the judgment and remand the case to the circuit court for an in-person certification hearing.

Facts and Procedural History

The Juvenile Officer filed petitions alleging that Appellant A.L.D., a juvenile, came within the purview of the juvenile court pursuant to Section 211.031.1, because he violated state law.¹ More specifically, the petitions alleged that A.L.D. committed the offenses of Assault Fourth Degree, Unlawful Use of a Weapon – Exhibiting, Burglary First Degree, Tampering First Degree, Harassment First Degree, and Stealing. The Juvenile Officer ultimately dismissed the offenses of Unlawful Use of a Weapon, Harassment, and Stealing. A.L.D. admitted the remaining offenses, and the circuit court found them beyond a reasonable doubt and placed A.L.D. on probation.

The Juvenile Officer moved to modify the disposition and further alleged that A.L.D. committed the offenses of Robbery First Degree, Kidnapping First Degree, Rape First Degree, and Sodomy First Degree. The Juvenile Officer separately moved to dismiss the petition to allow for prosecution of A.L.D. as an adult under general law pursuant to Section 211.071.

On March 5, 2021, the circuit court gave notice to the parties and their counsel that the certification hearing would be held virtually via video conference because of the COVID-19 pandemic. On March 18, 2021, the court conducted a virtual certification hearing at which all parties, counsel, and witnesses appeared by two-way video conference. Though A.L.D. did not object to this procedure, there is no record of a voluntary, knowing, and intelligent waiver by A.L.D. of his confrontation and due process rights.

On May 17, 2021, the circuit court entered an order and judgment granting the Juvenile Officer's motion to dismiss the petition to allow for prosecution of A.L.D. as an adult under general law. The court ordered A.L.D. released from the juvenile court and transferred for prosecution as an adult under general law.

In the meantime, in January 2022, the Supreme Court of Missouri decided a trio of cases considering court proceedings, including juvenile adjudication hearings, conducted virtually to some extent or another via two-way video conference. The Court held, in the circumstances presented in those cases, the virtual proceedings violated the appellants’ constitutional rights to confrontation and due process. See C.A.R.A. v. Jackson Cty. Juv. Off. , 637 S.W.3d 50, 65-66 (Mo. banc 2022) ; J.A.T. v. Jackson Cty. Juv. Off. , 637 S.W.3d 1, 10 (Mo. banc 2022) ; State v. Smith , 636 S.W.3d 576, 587 (Mo. banc 2022).

Guided by the Supreme Court's decision in J.A.T. , this Court followed in May 2022 with Interest of C.A.M., Jr. , 644 S.W.3d 600, 606 (Mo. App. E.D. 2022). In C.A.M. , we held the circuit court committed plain error by conducting the certification hearing virtually, without the juvenile's physical presence in court. 644 S.W.3d at 603, 607-08 ; see also Interest of I.J. , 644 S.W.3d 613 (Mo. App. E.D. 2022) (holding juvenile's participation in hearing remotely by video conference due to COVID-19 restrictions violated confrontation right).

A.L.D. now appeals.

Discussion

In Point I, A.L.D. argues the circuit court committed plain error by conducting the certification hearing virtually, without A.L.D.’s physical presence in court. He argues that procedure violated A.L.D.’s confrontation and due process rights pursuant to the Fifth and Fourteenth Amendments to the United States Constitution, Article I, section 10, of the Missouri Constitution, and Section 211.071. In Point II, A.L.D. argues the circuit court abused its discretion in certifying A.L.D. to be prosecuted as an adult. In light of C.A.M. , the Juvenile Officer concedes that he "does not believe he has any information that would benefit this Court" and opted not to present argument.

C.A.M. is controlling. There, as here, the juvenile appeared at the certification hearing by two-way video conference and was not physically present in court. 644 S.W.3d at 604. In each case, the juvenile admittedly did not object to that procedure, but the record lacks any indication of a voluntary, knowing, and intelligent waiver of the rights to confrontation and due process. Id. at 607. In C.A.M. , we reviewed for plain error and held the virtual certification hearing violated the right, grounded in the guarantees of confrontation and due process, to be physically...