340 So.3d 745
La.2020Background
- D.T., age 16 at the time, was arrested for firing a semiautomatic weapon into a car; one adult was shot and an infant was struck by debris.
- State sought to prosecute D.T. as an adult under La. Ch.C. art. 305(B)(2)(j) ("aggravated battery committed with a firearm").
- D.T. moved in juvenile court to declare art. 305(B)(2)(j) unconstitutional; the juvenile court granted the motion.
- The State appealed directly to the Louisiana Supreme Court, raising the narrow constitutional question whether art. 305(B)(2)(j) exceeds the legislature’s authority under La. Const. art. V, § 19.
- The Supreme Court held the statute unconstitutional on its face because the added offense is not among the crimes enumerated in La. Const. art. V, § 19, which sets the exclusive list of offenses that may be excepted from special juvenile procedures.
- The Court affirmed the juvenile court’s judgment and remanded for proceedings consistent with that determination.
Issues
| Issue | State's Argument | D.T.'s Argument | Held |
|---|---|---|---|
| Whether La. Ch.C. art. 305(B)(2)(j) ("aggravated battery committed with a firearm") is a constitutional exception to juvenile procedures under La. Const. art. V, § 19 | The legislature may define juvenile court jurisdiction; art. 305(B) is a permissible "special juvenile procedure" and need not mirror the constitutional list exactly; prosecutorial waiver need not be limited to crimes enumerated in art. V, § 19 | La. Const. art. V, § 19 supplies an exhaustive list of offenses that may be excepted from juvenile procedures; adding this offense exceeded the legislature’s authority and is unconstitutional | The statute is unconstitutional on its face; the constitution’s enumerated offenses are the exclusive exceptions and the legislature may not add "aggravated battery committed with a firearm" without a constitutional amendment. |
| Whether La. Const. art. V, § 19(3) (judicial waiver) authorizes the prosecutorial waiver scheme of art. 305(B) | Art. V, § 19(3) authorizes procedures allowing adult treatment and supports art. 305(B)’s prosecutorial waiver | § 19(3) authorizes judicial waiver (transfer by court), not prosecutorial waiver; it does not permit the legislature to expand the enumerated-offense list for prosecutorial discretion | § 19(3) does not validate art. 305(B)(2)(j); (3) governs judicial waiver, not prosecutorial discretion to expand the offense list. |
Key Cases Cited
- State v. Hamilton, 676 So.2d 1081 (La. 1996) (explaining art. V, § 19 delineates legislature’s power to except certain offenses from juvenile procedures)
- State v. Everfield, 342 So.2d 648 (La. 1977) (concluding art. V, § 19 addresses transfer of jurisdiction and comprehends the juvenile procedures system)
- State v. Leach, 425 So.2d 1232 (La. 1983) (discussing permissible legislative options under art. V, § 19 regarding age and offenses)
- Jacobs v. Cain, 842 So.2d 320 (La. 2003) (noting a second or subsequent aggravated battery is enumerated in art. V, § 19 and distinguishing a first aggravated battery)
- State v. Roberson, 179 So.3d 573 (La. 2015) (observing district attorney authority can be constrained by a contrary constitutional mandate)
