Legal Opinion · Dissent

In re State in Interest of T.C.

Louisiana Court of Appeal

Decided December 21, 2018No. 2018 KJ 1246Published

1Dissent

WHIPPLE, C.J. dissenting.

In his sole assignment of error, T.C. argues that the State did not provide sufficient evidence to establish that he had the specific intent to cause serious bodily injury to M.J. when he struck him. In support, T.C. points to some of the court's reasoning when ruling on the adjudication. Specifically, T.C. contends that the comments of the juvenile court demonstrate a mistaken belief that second degree battery is a general intent crime, thereby warranting that the adjudication be vacated and modified to a disposition of delinquency for simple battery. I disagree.

Pursu…

2Cases cited7 opinions

  1. State v. FullerSupreme Court of Louisiana · 1982
  2. State v. AccardoLouisiana Court of Appeal · 1985
  3. State v. YoungSupreme Court of Louisiana · 2001
  4. State v. HagerLouisiana Court of Appeal · 2013
  5. State v. JohnsonLouisiana Court of Appeal · 1992

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