Page 44 - Juvenile Practice is not Child's Play

False or coerced confessions happen. The police are allowed to obtain confessions through psychological manipulation

such as flattery, intimidation, sympathy, and false evidence. As a youth, your client is more susceptible to those tactics
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than are adults.

2. Ex Parte Motion for Funds for Expert
Please see Appendix B for Sample Motion to Proceed Ex Parte And Motion for Appointment of Expert Assistance
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Under Ake v Oklahoma a defendant is entitled to expert assistance in preparing a defense. This has been held applicable
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to youth cases in Texas. If, as appointed counsel, you believe that an expert is essential to the case and you do not
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want to tip your hand to the prosecutor, you are allowed to file an ex parte motion to request funds for the expert.
First, it is recommended practice that you file a motion requesting permission from the court to file your ex parte
motion. If the court grants that motion, you may file an ex parte request for funds. You should also move to seal the

record of those motions. If you plan on calling the expert at a hearing, it will most likely be necessary to disclose the
expert to the state.

Transfer Hearing

A child may be transferred to adult court through either a discretionary procedure or a mandatory procedure. The

procedure for discretionary transfer depends on whether the youth has reached 18 years of age.

1. Mandatory Transfer
If a child under the age of 17 has already been transferred to adult court on another action, the court is required
to transfer the new action to adult court. TFC § 54.02(m). A hearing must be held in order to establish the
predicate facts for mandatory transfer if the child has been previously certified. The court is not required to

order a complete diagnostic study, or any of the other provisions applicable to a discretionary transfer hearing;
this hearing is abbreviated. TFC § 54.02(n). The court must take steps to transfer the case; while those steps
are pending the offense is still considered a juvenile offense. Mandatory transfer does not apply if, in the

previously transferred case, the child was not indicted by the grand jury; the child was found not guilty of the
matter transferred; the matter transferred was dismissed with prejudice; or the child was convicted but the
conviction was reversed on appeal that is final

42 For a fuller description of typical police methods, see FRED E. INBAU, JOHN E. REID, ET. AL., CRIMINAL INTERROGATION AND
CONFESSIONS, 4TH ED. (Aspen 2001). For more information on a juvenile’s competency to waive Miranda rights, see
ACKERMAN, supra note 32, at 170-77.
43 Ake v. Oklahoma, 470 U.S. 68, 105 S. Ct. 1087, 84 L. Ed. 2d 53 (1985).
44 Williams v. State, 958 S.W.2d 186 (Tex. Crim. App. 1997).
45 United States v. Pofahl, 990 F.2d 1456, 1471 (5th Cir. 1993), cert. denied sub nom. Nunn v. United States, 510 U.S. 898, 114 S. Ct. 266;
126 L. Ed. 2d 218 (1993); Williams, 958 S.W.2d at 193.