CASE ANNOTATIONS

1. 1965 act changed substantive law and is prospective in application. State v. Augustine, 197 Kan. 207, 416 P.2d 281.

2. Act raising jurisdictional age limit for juveniles not retroactive in application. State v. Coutcher, 198 Kan. 282, 285, 424 P.2d 865.

3. Appeal from waiver order must be heard de novo. In re Templeton, 202 Kan. 89, 90, 91, 92, 94, 96, 447 P.2d 158.

4. Order waiving exclusive original jurisdiction hereunder final order; appealable under K.S.A. 38-834. In re Templeton, 202 Kan. 89, 90, 92, 94, 447 P.2d 158.

5. To review waiver order, record must show required jurisdictional findings. In re Templeton, 202 Kan. 89, 90, 92, 94, 96, 447 P.2d 158.

6. Substantial evidence before district court to support findings required by section; proceedings upheld. In re Templeton, 202 Kan. 89, 90, 92, 94, 96, 447 P.2d 158.

7. Provisions of section provide clear standards and guidelines to satisfy due process and equal protection requirements. In re Templeton, 202 Kan. 89, 90, 92, 94, 96, 447 P.2d 158.

8. Appeal from waiver order must be heard and disposed of de novo. In re Long, 202 Kan. 216, 217, 218, 448 P.2d 25.

9. No requirement that proof of alleged offenses be made at hearing to determine whether juvenile court should relinquish jurisdiction. In re Stephenson & Hudson, 204 Kan. 80, 82, 460 P.2d 442.

10. Subsection (b) apparently not complied with; no substantial evidence for finding boys not amenable; reversed and remanded. In re Patterson, Payne and Dyer, 210 Kan. 245, 247, 250, 499 P.2d 1131.

11. State has no right of appeal from order of juvenile court declining to waive its original jurisdiction. In re Waterman, 212 Kan. 826, 827, 830, 512 P.2d 466.

12. Findings forming jurisdictional basis for juvenile court's waiver cannot be collaterally attacked; recourse is appeal to district court. State v. Shepherd, 213 Kan. 498, 503, 504, 505, 516 P.2d 945.

13. Finding of nonamenability based on inadmissible hearsay; K.S.A. 60-460 applicable to all juvenile proceedings; reversed. In re Harris, 218 Kan. 625, 626, 544 P.2d 1403.

14. Standards as to amenability applied in determining sixteen-year-old not amenable to program available through juvenile court; subject to prosecution as adult. State v. Green, 218 Kan. 438, 439, 443, 445, 544 P.2d 356.

15. Applied in determining K.S.A. 21-3611 not unconstitutional denial of equal protection of laws. State v. Sherk, 217 Kan. 726, 729, 731, 538 P.2d 1399.

16. Allegations of improper certification as adult in juvenile court proceeding insufficient to sustain motion for relief. Decker v. State, 219 Kan. 416, 417, 548 P.2d 489.

17. Subsection (b) held constitutional; admission of confession proper; conviction of first degree murder upheld. State v. Young, 220 Kan. 541, 542, 544, 545, 552 P.2d 905.

18. Defendant properly certified to stand trial as adult; convictions of crimes affirmed. State v. Lewis, 220 Kan. 791, 792, 556 P.2d 888.

19. Finding of district court that defendant not amenable to care through facilities of juvenile court supported by substantial competent evidence. In re Ferris, 222 Kan. 104, 110, 111, 112, 114, 563 P.2d 1046.

20. Insufficient substantial evidence for finding juvenile was not fit person to be dealt with under code; proceedings remanded. In re White, 224 Kan. 717, 585 P.2d 1046.

21. Conviction as adult reversed; failure to receive fair treatment and fair trial. State v. Gammill, 2 Kan. App. 2d 627, 585 P.2d 1074.

22. Referred to in determining question of delinquency adjudication in lower court not moot. State v. Bolden, 2 Kan. App. 2d 470, 472, 581 P.2d 1195.

23. Confession must be voluntary to be admissible in waiver proceeding; under circumstances, no requirement of specific warning that criminal prosecution may result; not all factors in subsection (b) must be given equal weight. In re Edwards, 227 Kan. 723, 729, 608 P.2d 1006.

24. A determination by a district court in one county that a juvenile should be tried under the juvenile code, does not preclude a district court in another county from certifying the juvenile as an adult for a different offense. In re Johnson, 3 Kan. App. 2d 362, 363, 365, 595 P.2d 731.

25. Decision to waive juvenile jurisdiction must be supported by substantial evidence. In re White, 227 Kan. 881, 882, 883, 885, 886, 889, 890, 610 P.2d 1114.

26. The portion of subsection (a) of K.S.A. 38-817 relative to date for hearing is directory, not mandatory. In re Flournoy, 5 Kan. App. 2d 220, 221, 222, 613 P.2d 970.

27. Seven factors in statute discussed in detail; certification as adult upheld. In re Johnson, 5 Kan. App. 2d 420, 617 P.2d 1273.

28. Control of juvenile offenders in custody of social and rehabilitation services is legislative, not judicial, concern. In re Hobson, 6 Kan. App. 2d 873, 874, 636 P.2d 198 (1981).