Legal Opinion

State ex rell. G.G.

Louisiana Court of Appeal

Decided August 4, 2010No. 2009-CA-1667PublishedCited by 1 opinion

1Opinion of the Court

TERRI F. LOVE, Judge.

| ,The State appeals the juvenile judge’s order dismissing the State’s case against G.G., a juvenile, based on a prior determination that G.G. was incompetent to proceed to trial. We find the juvenile judge’s dismissal pursuant to La. Child. Code art. 876 an abuse of discretion in this matter, as no contradictory hearing was held wherein the juvenile judge determined by a preponderance of the evidence that the juvenile lacked the mental capacity to proceed. La. Child. Code arts. 832-838. We *624therefore reverse and remand this matter to the juvenile court for further…

2Cited by1 opinion

  1. State ex rel. R.M.Louisiana Court of Appeal · 2017

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