No. 14072 Precedential Set aside Processed

State ex rel. Bearden

Louisiana Court of Appeal, First Circuit · Filed February 25, 1980 · 381 So. 2d 582

Also decided on this docket: La. Ct. App. 1st Cir., April 13, 1981 396 So. 2d 1012; La. Ct. App. 1st Cir., May 16, 1932 141 So. 805

Cited by

Succession of Pauli 688 So. 2d 98 La. Ct. App. 1st Cir. 1997
State in Interest of TT 677 So. 2d 466 La. Ct. App. 3d Cir. 1996
Shaw v. Champlin Petroleum Co. 491 So. 2d 652 La. 1986
State ex rel. Bell 424 So. 2d 367 La. Ct. App. 2d Cir. 1982
Franklin v. Harvill 406 So. 2d 696 La. Ct. App. 2d Cir. 1981
Johnson v. Stewart Title Guaranty Co. 383 So. 2d 13 La. 1980

Authorities cited

Identified automatically; this list may not be exhaustive.

State ex rel. Wagster 348 So. 2d 753
In re State ex rel. Collins 288 So. 2d 918
State, in Interest of Aaron 266 So. 2d 726

Opinion text

HALL, Judge. The juvenile court having failed to have the delinquency hearing reported or recorded and transcribed as required by LSA-R.S. 13:1579 (applicable on the date of the hearing in 1978), and there being no legal authority for substituting a narrative of facts prepared by the trial judge for a verbatim transcript of the evidence as was done here, the adjudication of delinquency and commitment of the appellant juvenile (execution of which was suspended pending appeal) is reversed and set aside. See LSA-R.S. 13:1579; State of Louisiana in Interest of Wagster, 348 So.2d 753 (La.App. 1st Cir. 1977); In re State of Louisiana in Interest of Collins, 288 So.2d 918 (La.App. 1st Cir. 1973); In re State of Louisiana in Interest of Aaron, 266 So.2d 726 (La.App. 3d Cir. 1972). The case is remanded for further proceedings. Costs of the appeal are assessed to appellee, State of Louisiana.