Moore v. Commonwealth

527 S.E.2d 406, 259 Va. 431, 2000 Va. LEXIS 54
Supreme Court of Virginia·Decided March 3, 2000·No. Record 990665·Published·Cited by 52 cases

Opinions

JUSTICE KOONTZ

delivered the opinion of the Court.

The primary focus of this appeal is a determination of the scope of our recent decision in Commonwealth v. Baker, 258 Va. 1, 516 S.E.2d 219 (1999) (per curiam), aff’g Baker v. Commonwealth, 28 Va. App. 306, 504 S.E.2d 394 (1998)2 As in that case, the question is whether the trial court, here the Circuit Court of Loudoun County (the circuit court), lacked jurisdiction to try David Allen Moore, a juvenile, as an adult on indictments charging him with two counts of murder and the use of a firearm in the commission of those murders. Specifically, the question is whether the failure of the Loudoun County Juvenile and Domestic Relations District Court (the juvenile court) to give notice of the initiation of juvenile court proceedings against Moore, required by the then applicable provisions of Code §§ 16.1-263 and 16.1-264, to his biological father rendered the subsequent transfer of jurisdiction by the juvenile court to the circuit court ineffectual and, thus, the convictions of Moore void.

The pertinent facts are not in dispute. Moore was bom on May 13, 1977. In December 1994, four petitions were filed in the juvenile court charging that Moore committed the above noted criminal offenses in January 1994. On each petition in the space provided on the pre-printed form for the name and address of the juvenile’s mother, “Lillie Ruth Moore — Arlington County Jail” was listed. A similar space regarding the juvenile’s father was left blank. The juvenile court judge made no certification on the record that the identity of Moore’s father was not reasonably ascertainable and no affidavit to that effect was made by Moore’s mother. However, in a social history report later filed in the juvenile court by a probation coun[435] selor of that court, Moore’s father was identified as “Vernon Butts” and his location was identified as “Tampa, Florida (exact address unknown).” Moore’s mother was never married to Butts.3 Moore and his mother were summoned to appear in the juvenile court regarding the allegations in the petitions. Moore’s father was not summoned and did not voluntarily appear.

Throughout the juvenile court proceedings Moore was held in custody and was represented by two court-appointed attorneys. According to court records, Moore’s mother did not appear at any of the hearings in the juvenile court. Ultimately, following a transfer hearing at which Moore and his attorneys were present, the juvenile court by order entered on June 14, 1995, found probable cause that Moore had committed the criminal offenses charged in the petitions and certified Moore to stand trial as an adult in the circuit court for those offenses.

Moore was indicted for those offenses on July 28, 1995, found guilty of each by a jury on February 6, 1997, and sentenced to a term of imprisonment of two life sentences and eight years on December 19, 1997. Throughout the proceedings, both in the juvenile court and the circuit court, Moore raised no objection to the failure of the juvenile court to give notice of the initiation of the juvenile court proceedings to his father as required by the then applicable provisions of Code §§ 16.1-263 and 16.1-264.

On appeal to the Court of Appeals, Moore challenged his convictions on other grounds, but did not raise the issue of the failure to give notice to his father. The Court of Appeals affirmed Moore’s convictions in an unpublished opinion. Moore v. Commonwealth, Record No. 0063-98-4 (February 23, 1999). We awarded Moore this appeal limited to the issue of the effect upon Moore’s convictions of the failure to give notice to his father.

We begin our analysis in this appeal by noting the significant similarities and distinctions between the facts and circumstances involved in Moore’s case and those in Baker’s case. In both cases the criminal acts were committed and the proceedings against the juveniles in the appropriate juvenile courts occurred when Code §§ 16.1-263 and 16.1-264 required notice of the initiation of juvenile [436] court proceedings to the “parents” of the juvenile. In neither case were there certifications on the record by the juvenile court judge that the identity of one of the juvenile’s parents was not reasonably ascertainable as provided in the exception to required parental notice under Code § 16.1-263(E). In both cases the juveniles’ biological fathers were not given notice of the initiation of the juvenile court proceedings, or the subsequent transfer hearings, and they did not voluntarily appear at any of the hearings conducted in the juvenile court.

Under these circumstances, the Court of Appeals held in Baker I that the then applicable provisions of Code §§ 16.1-263 and 16.1-264 required notice of the initiation of juvenile court proceedings to both parents.4 Moreover, the Court of Appeals held that “[bjecause the notice of the initiation of juvenile proceedings was not properly served on [Baker’s biological father], the transfer of jurisdiction [to the circuit court] was ineffectual and the subsequent convictions [of the juvenile in the circuit court] are void.” Baker I, 28 Va. App. at 315, 504 S.E.2d at 399. In reaching this judgment, the Court of Appeals held that the provisions of these statutes are “mandatory” and “jurisdictional.” Id. at 310, 504 S.E.2d at 396.

Thereafter, for the reasons stated in the opinion of the Court of Appeals, we affirmed that Court’s judgment voiding Baker’s convictions.5 Baker II, 258 Va. at 2, 516 S.E.2d at 220. It is then readily apparent that in the absence of any significant distinction between the two cases, our decision in Baker II would control in Moore’s case without further analysis.

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Moore v. Commonwealth, 527 S.E.2d 406, 259 Va. 431, 2000 Va. LEXIS 54 (Va. 2000).

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