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340 So.3d 745
La.
2020
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Background

  • 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)
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Case Details

Case Name: State of Louisiana in the Interest of D.T.
Court Name: Supreme Court of Louisiana
Date Published: Apr 3, 2020
Citations: 340 So.3d 745; 2019-KA-01445
Docket Number: 2019-KA-01445
Court Abbreviation: La.
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