Cited by
Opinions in Louisiana that cite State v. Everfield, 342 So. 2d 648.
- State of Louisiana in the Interest of D.T. La. 2020
- State of Louisiana v. Brandon Newton La. Ct. App. 3d Cir. 2013
- State v. Newton 129 So. 3d 11 La. Ct. App. 1st Cir. 2013
- State v. Jackson 882 So. 2d 613 La. Ct. App. 1st Cir. 2004
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State v. Havis
874 So. 2d 153
La. 2004
1045 , 16 L.Ed.2d 84 (1966); State v. Davis, 32,379 (La.App.
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State v. Davis
749 So. 2d 701
La. Ct. App. 2d Cir. 1999
the state bears the burden of proving the standards or criteria for the transfer of a juvenile to adult jurisdiction.
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In Re CB
708 So. 2d 391
La. 1998
[9] State in the Interest of Hunter, (La.
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In re C.B.
708 So. 2d 391
La. 1998
9 See State v. Perique, 43 State in the Interest of Hunter, State ex rel.
- State v. Wilkerson 704 So. 2d 1 La. Ct. App. 1st Cir. 1997
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State v. Collins
694 So. 2d 624
La. Ct. App. 2d Cir. 1997
requires that the state observe the burden of proving the standards or criteria for the transfer of a juvenile to adult jurisdiction.
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State v. Perique
439 So. 2d 1060
La. 1983
That decision was based, however, on the "general rule" of non-criminal treatment for juveniles: Because it is implicit in the juvenile court scheme that non-criminal treatment is to be the rule, and that adult criminal treatment is the exception which must be governed by the particular factors of individual cases, the waiver of jurisdiction is a critically important action determining vitally important statutory rights of the juvenile which may be taken only after a hearing that measures up to
- State v. Leach 425 So. 2d 1232 La. 1983
- Civil Service Commission v. Guste 420 So. 2d 1004 La. Ct. App. 1st Cir. 1982
- State v. Foy 401 So. 2d 948 La. 1981
- State v. Petrovich 396 So. 2d 1318 La. 1981
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State v. Hunter
389 So. 2d 390
La. 1980
this Court first noted the review by the United States Supreme Court of the procedures used in waiving juvenile court jurisdiction under a statute of the District of Columbia.
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State, in Interest of Hunter
387 So. 2d 1086
La. 1980
Because it is implicit in the juvenile court scheme that non-criminal treatment is to be the rule, and that adult criminal treatment is the exception which must be governed by the particular factors of individual cases, the waiver of jurisdiction is a critically important action determining vitally important statutory rights of the juvenile which may be taken only after a hearing that measures up to the
- State, in Interest of Bruno 388 So. 2d 784 La. 1980
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State ex rel. Johnson
382 So. 2d 957
La. 1980
*959 Earlier, we held that Louisiana’s juvenile transfer statute does not contravene the due process guidelines contained in Kent and in some instances goes beyond those requirements in protecting juvenile’s rights.
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Bazley v. Tortorich
380 So. 2d 727
La. Ct. App. 4th Cir. 1980
Succession of Robins, supra
- State v. Rodriguez 379 So. 2d 1084 La. 1980
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Perez v. Continental Cas. Co.
367 So. 2d 1284
La. Ct. App. 3d Cir. 1979
Succession of Robins, supra
- State ex rel. Davis v. Criminal District Court 368 So. 2d 1092 La. 1979
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Burmaster v. Gravity Drainage Dist. No. 2
366 So. 2d 1381
La. 1978
Succession of Robins, supra
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State v. Chrisman
364 So. 2d 906
La. 1978
Thus bearing in mind the basic presumption that legislative enactments are constitutional, and considering the extant conflicts in the scientific community as to the effects of marijuana use, as illustrated by the testimony of the two expert witnesses in this case, we cannot say that the legislature had no rational or reasonable basis for proscribing the substance to protect the public health, sa
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State ex rel. Allen
362 So. 2d 1115
La. 1978
A(4); State In the Interest of Smith
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State ex rel. Smith
359 So. 2d 1271
La. 1978
a sixteen-year-old youth accused of armed robbery was transferred to the district court and there received a 6V2 year sentence after pleading guilty to the crime charged.
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State v. LaBauve
359 So. 2d 181
La. 1978
(decided April 10, 1977)
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State v. Skinner
358 So. 2d 280
La. 1978
State v. Everfield, La., (1977); State v. Newton, La., (1976).
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State v. Blouin
352 So. 2d 1283
La. 1977
1 1 , because the trial court neither conducted a meaningful transfer hearing at which evidence and/or arguments were entertained as per 13:1571.1(4) concerning whether defendant was amenable to treatment or rehabilitation through facilities available to juvenile court, nor stated “reasons for judgment with sufficient particularity to insure meaningful review by this Court.” 2
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State v. Hall
350 So. 2d 141
La. 1977
we held that the due process requirement of access by defense counsel to all social, probation and other reports relevant to the issue of transfer or considered by the court in making its determination is a procedural safeguard implicitly embodies in our transfer statute.