State of Arkansas v. Minor Child

── State of Arkansas v. Minor Child ── Court: Supreme Court of Arkansas Date: April 16, 2026 Category: General Cite as 2026 Ark. 66 SUPREME COURT OF ARKANSAS No. CR-25-564 Opinion Delivered: April 16, 2026 STATE OF ARKANSAS APPELLANT APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT [NO. 60CR-25-987] V. HONORABLE LATONYA HONORABLE, JUDGE MINOR CHILD APPELLEE REVERSED AND REMANDED. NICHOLAS J. BRONNI, Associate Justice Appellee Minor Child is charged with the capital murder and aggravated robbery of a fifteen-year-old victim. MC was charged in Pulaski County Circuit Court, but at MC’s request, his case was transferred to the circuit court’s juvenile division. The State appeals, arguing the circuit court erred when it transferred MC’s case. Both parties acknowledge this appeal is foreclosed by State v. A.G., 2011 Ark. 244, 383 S.W.3d 317. Reexamining that decision at the State’s urging, we conclude it conflicts with the plain language of our constitution, overrule it, and hold that the State’s appeal is proper. On the merits, we likewise agree with the State that the circuit court clearly erred in granting MC’s transfer motion, and accordingly, we vacate the circuit court’s transfer order and remand for further proceedings not inconsistent with this opinion. Facts and Procedural Background This case began with a January 28, 2025 call to law enforcement reporting a homicide on Stanton Road in Little Rock. When officers arrived on scene, they found the fifteen- year-old victim in the passenger seat of a nearby car, dead from a gunshot wound to his right shoulder. Following an investigation, the State charged MC with capital murder and aggravated robbery in Pulaski County Circuit Court. MC moved to transfer his case to the juvenile division pursuant to the then-existing juvenile transfer statute. See Ark. Code Ann. § 9-27-318 (Repl. 2020) (repealed) (current version at Ark. Code Ann. § 9-35-412); see also Rolfe v. State, 2026 Ark. 4, at 5 n.2, 726 S.W.3d 589, 592 n.2. To obtain a transfer under that provision (and the current one), a movant must demonstrate by clear and convincing evidence that transfer is appropriate. See Ark. Code Ann. § 9-27-318(h)(2) (Repl. 2020); Ark. Code Ann. § 9-35-412(h)(2) (Supp. 2025). And in determining whether a movant has made that showing, the circuit court must consider and make “written findings” on ten “factors”: (1) “[t]he seriousness of the offense”; (2) “whether the offense was committed in an aggressive, violent, premeditated, or willful manner”; (3) whether the offense was against a person or property; (4) the juvenile’s culpability; (5) the juvenile’s prior criminal history; (6) the juvenile’s prospects for rehabilitation; (7) the juvenile’s “sophistication and maturity”; (8) “[w]hether the juvenile acted alone or as part of a group”; (9) other reports and materials “relating to the juvenile’s mental, physical, educational, and social history”; and (10) “[a]ny other factors deemed relevant.” Ark. Code Ann. § 9-27-318(g)–(h)(1) (Repl. 2020); Ark. Code Ann. § 9-35- 412(g)–(h)(1) (Supp. 2025). To support his transfer motion, MC presented testimony from three witnesses—his mother, a juvenile ombudsman, and the acting chief probation officer with the Pulaski County Juvenile Court—and submitted two letters from other supporters. Collectively, 2 MC’s evidence showed that (1) other juveniles facing similar charges had previously been committed to the Division of Youth Services; (2) if MC was to be adjudicated delinquent in the juvenile system, he would be eligible for various rehabilitative service