Louisiana in the interest of J.M.

Juvenile defendant J.M. was charged with simple battery and simple criminal damage to property. On February 25, 2013, J.M. appeared to answer the petition and entered a denial of the allegations. Pursuant to La. Ch. Code art. 877, the state had ninety days from the date of the answer hearing to adjudicate the case (here, until May 26, 2013). The juvenile court set a trial date of March 26, 2013. Defendant failed to appear for trial and an arrest warrant was issued for her arrest. Service was never rendered on the defendant. On April 17, 2013, the warrant was recalled when defendant appeared in court and a new trial date of May 14, 2013 was set. On May 13, 2013, for reasons unclear from the record, the State expressly requested an extension of the adjudication deadline from May 26, 2013 to May 28, 2013 without objection. The juvenile court granted the extension and set a hearing date of May 28, 2013. On that date, the state requested a second continuance of the adjudication hearing. The juvenile court denied the state’s motion to continue, noting the State had already been granted additional time and finding no good cause to grant an additional continuance. Critically, the State did not object to or seek review of this ruling, but instead entered a nolle prosequi and dismissed the case. The same day, the State filed a new petition alleging the same delinquent acts. An answer hearing for the refiled petition was set for June 11, 2013. On June 11, 2013, the record reflected service was not made on the defendant and a new hearing date was set for June 25, 2013. On that date, the juvenile court judge was absent and the matter was delayed until July 16, 2013. On that date, 141 days from the original answer hearing, J.M. appeared in court to answer the refiled petition. J.M. once again denied the allegations and moved to dismiss the petition, arguing the state violated the time limitations found in Louisiana Children’s Code Article 877. The juvenile court denied the defendant’s motion to dismiss. J.M. noticed intent to seek review of that ruling and appealed. The court of appeal granted defendant’s writ application and reversed the ruling of the juvenile court, dismissing the case on the basis that the state failed to adjudicate the matter within the time limitations provided in the Children’s Code. The State appealed the court of appeal’s decision, which the Supreme Court granted. After review, the Supreme Court affirmed the court of appeal ruling. View "Louisiana in the interest of J.M." on Justia Law