9th Circuit lets Indian defendant be tried as adult over murder

Thursday, January 10, 2013  

An Indian defendant can be tried as an adult for second-degree murder, the 9th Circuit Court of Appeals ruled on Wednesday.

The defendant was 17 years old at the time of the incident. He objected to being tried as an adult but the 9th Circuit said the case met the conditions for criminal prosecution under federal law.

"In assessing defendant’s intellectual development and psychological maturity, the district court relied on the testimony of witnesses who directly observed and interacted with defendant," the decision stated. "All the witnesses testified that defendant appeared to be of average intelligence and had the maturity typical of someone in his late teens. No record evidence contradicted this testimony."

The decision did not provide details of the alleged crime. But the case originated from federal court in Oregon and the defendant's attorney, as well as the federal prosecutors who argued the appeal, are based in Oregon.

9th Circuit Decision:
US v. Juvenile Male (January 9, 2013)