Legal Opinion · Dissent

State ex rel. C.M.

Louisiana Court of Appeal

Decided October 30, 2013No. 13-KA-128Published

1DissentJohnson, J.

IH, respectfully, dissent from the majority opinion on whether C.M.’s conviction should be upheld for the following reasons.

C.M. was adjudicated of the violation of La. R.S. 14:95.8, illegal possession of a handgun by a juvenile. Prior to the start of the trial, C.M. and the other participants in the trial identified themselves for the record, in which C.M. stated his name and birthdate. No one was sworn in by the deputy clerk of court at that time. Deputy Andrew Mulino, the arresting officer, and C.M.’s mother were the only people to testify at the trial. Both witnesses testified as to the…

2Cases cited10 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. In Re GAULTSupreme Court of the United States · 1967
  3. Copenhaver v. John Bonura & Co.Louisiana Court of Appeal · 1925
  4. State v. BatisteLouisiana Court of Appeal · 1996
  5. State v. ValentineSupreme Court of Louisiana · 1981

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