Legal Opinion

State ex rel. A.J.

Supreme Court of Louisiana

Decided December 1, 2009No. 2009-KA-0477PublishedCited by 9 opinions

1Opinion of the Court

VICTORY, J.*

1 jPursuant to Article V, Section 5(D)(1) of the Louisiana Constitution, this is a direct appeal of an Orleans Parish Juvenile Court judgment declaring that Article 882 of the Louisiana Children’s Code, which denies juveniles the right to a jury trial in juvenile adjudications, violates the United States and Louisiana Constitutions where the juvenile is subject to a potential deprivation of liberty of more than six months. After reviewing the record and the applicable law, we reverse the juvenile court’s ruling.

FACTS AND PROCEDURAL HISTORY

On April 15, 2008, the state filed a…

2Cases cited79 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. In Re GAULTSupreme Court of the United States · 1967
  5. Powell v. AlabamaSupreme Court of the United States · 1932

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3Cited by9 opinions

  1. State ex rel. D.R.Louisiana Court of Appeal · 2010
  2. In Re Jonathon CBIllinois Supreme Court · 2011
  3. Morgan v. City of ShreveportLouisiana Court of Appeal · 2011
  4. State ex rel. J.J.M.Louisiana Court of Appeal · 2016
  5. State of New Jersey in the Interest of A.C.New Jersey Superior Court Appellate Division · 2012

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