Legal Opinion · Concurring in part, dissenting in part

State ex rel. D.V.

Louisiana Court of Appeal

Decided May 7, 2014No. 2013-CA-1283Published

1Concurring in part, dissenting in partBonin, J.

|TI concur in the affirmation of the adjudication but dissent from the majority’s disposition of the ineffective assistance of counsel claim. That claim, in my view, should be reserved to the youth for post-adjudication proceedings.1 See State in the Interest of J.D., 13-0964, p. 5 (La.App. 4 Cir. 11/27/13), 129 So.3d 831, 834.

*1105D.V. claims that his counsel failed to timely object to the postponement of his appearance to answer the petition. The date the child appears to answer the petition is the critical date to determine whether transfer or adjudication hearings are timely. See La. Ch.C.…

2Cases cited6 opinions

  1. Mathes v. SchwingLouisiana Court of Appeal · 1929
  2. State v. WatsonSupreme Court of Louisiana · 2002
  3. State ex rel. R.D.C.Supreme Court of Louisiana · 1994
  4. State ex rel. J.D.Louisiana Court of Appeal · 2013
  5. State ex rel. D.J.Supreme Court of Louisiana · 2014

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