State ex rel. J.D., 129 So. 3d 831

J.D. appeals an Orleans Parish Juvenile Court adjudication of delinquency for assault on a school teacher under La. R.S. 14:38.2.
Beardon, a teacher at Lake Area New Tech Early College High School, testified J.D. threatened him by stating, “you ain’t safe, I’ll shoot you.”
J.D. was adjudicated delinquent after a June 6, 2013 hearing; the court imposed 180 days suspended disposition and one year of active probation.
J.D. argues R.S. 14:38.2 is unconstitutional on its face, that trial counsel was ineffective for not challenging the statute, and that the State failed to prove delinquency beyond a reasonable doubt.
The appellate court affirms the delinquency adjudication, finding the statute’s constitutionality not properly preserved, and that, even ignoring that, the evidence supports delinquency under the statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Constitutionality of R.S. 14:38.2 overbreadth	J.D. challenges broad scope of 14:38.2(A)(2)(b)	State says overbreadth not preserved on appeal	Waived; not preserved on appeal
Effectiveness of trial counsel on direct appeal	Ineffective counsel for not raising constitutionality	Record insufficient to rule on merits on direct appeal	Not resolved on direct appeal; remanded for post-adjudication relief potential hearing
Applicability of statutory text to utterance	Words alone should be enough under 14:38.2(A)(2)(b)	Statute’s plain language supports conviction without fear element	Guilty under the plain language of the statute

United States v. Stevens, 559 U.S. 460 (U.S. 2010) (overbreadth analysis for constitutional challenges)
State v. Overstreet, 111 So.3d 308 (La. 2013) (unconstitutionality must be specially pleaded and particularized)
State v. Hatton, 985 So.2d 709 (La. 2008) (requirement to plead unconstitutionality with particular grounds)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standards for appellate review of evidence sufficiency)