State ex rel. J.T.

Supreme Court of Louisiana

State ex rel. J.T.

156 So. 3d 1143, 2014 La. LEXIS 2493, 2014 WL 6089164

CourtSupreme Court of Louisiana

DecidedNovember 14, 2014

DocketNo. 2014-CK-0762

StatusPublished

Cited by1 cases

This text of 156 So. 3d 1143 (State ex rel. J.T.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. J.T., 156 So. 3d 1143, 2014 La. LEXIS 2493, 2014 WL 6089164 (La. 2014).

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Opinion

PER CURIAM.

Granted. The court of appeal’s decision in State in the Interest of J.T., 13-1273 (La.App. 4 Cir. 3/12/14), 2014 WL 1092350 (Bagneris, J., Bonin, J., concurring, Lobra-no, J., dissenting) (unpub’d), is reversed, and this case is remanded to the juvenile court for further proceedings. We agree with Judge Lobrano that the acquiescence of the defense to the court’s setting of a hearing date beyond the time limits imposed by La.Ch.C. art. 877(B), apparently subscribing to the particular way in which the state counted delays occurring during the time period, including its dismissal and refiling of the petition, served as the functional equivalent of a good cause extension of the time limits according to a judgment indicating the court set the date of the adjudication hearing “[a]fter conferring with counsel and [the juvenile’s] parents,” and did not provide the court, a different judge presiding, with grounds for then dismissing the delinquency petition on the date of the hearing as scheduled. See State in the Interest of D.J., 13-1111 (La.1/10/14), 131 So.3d 35; State in the Interest of R.D.C., 93-1865, p. 3, n. 4 (La.2/28/94), 632 So.2d 745, 747.

WEIMER, J., and HUGHES, J., would grant and docket.

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PER CURIAM.

Granted. The court of appeal’s decision in State in the Interest of J.T., 13-1273 (La.App. 4 Cir. 3/12/14), 2014 WL 1092350 (Bagneris, J., Bonin, J., concurring, Lobra-no, J., dissenting) (unpub’d), is reversed, and this case is remanded to the juvenile court for further proceedings. We agree with Judge Lobrano that the acquiescence of the defense to the court’s setting of a hearing date beyond the time limits imposed by La.Ch.C. art. 877(B), apparently subscribing to the particular way in which the state counted delays occurring during the time period, including its dismissal and refiling of the petition, served as the functional equivalent of a good cause extension of the time limits according to a judgment indicating the court set the date of the adjudication hearing “[a]fter conferring with counsel and [the juvenile’s] parents,” and did not provide the court, a different judge presiding, with grounds for then dismissing the delinquency petition on the date of the hearing as scheduled. See State in the Interest of D.J., 13-1111 (La.1/10/14), 131 So.3d 35; State in the Interest of R.D.C., 93-1865, p. 3, n. 4 (La.2/28/94), 632 So.2d 745, 747.

WEIMER, J., and HUGHES, J., would grant and docket.

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156 So. 3d 1143, 2014 La. LEXIS 2493, 2014 WL 6089164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-jt-la-2014.

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