State ex rel. L.W.

40 So. 3d 1220, 2009 La.App. 1 Cir. 1898, 2010 La. App. LEXIS 908, 2010 WL 2342649
CourtLouisiana Court of Appeal
DecidedJune 11, 2010
DocketNo. 2009 KJ 1898
StatusPublished
Cited by1 cases

This text of 40 So. 3d 1220 (State ex rel. L.W.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. L.W., 40 So. 3d 1220, 2009 La.App. 1 Cir. 1898, 2010 La. App. LEXIS 908, 2010 WL 2342649 (La. Ct. App. 2010).

Opinion

WHIPPLE, J.

|aL.W., a juvenile, was alleged to be a delinquent child by a petition filed on February 17, 2009, pursuant to the Children’s Code. The petition alleged that the juvenile committed the felony-grade delinquent act of aggravated rape, a violation of LSA-R.S. 14:42. He denied the allegation and, following an adjudication proceeding, was adjudicated a delinquent child as alleged in the petition. At the disposition hearing, the court committed L.W. to the custody of the Department of Public Safety and Corrections, Office of Youth Development, until his 18th birthday, with credit for time served, without a recommendation as to secure or non-secure custody, and with the benefit of parole.

He now appeals, designating the following assignments of error:

1. The evidence was insufficient to meet Due Process standards.
2. L.W. was denied his Sixth Amendment right to confront his accusers when the prosecution, without notice to the defense, introduced the child-accuser’s testimony only by testimonial hearsay which included a video of a forensic interview conducted at the request of the police. The prosecutor’s actions deprived L.W. of his constitutional right to contemporaneously confront his accuser and placed the defense in a Morton’s Fork, compelling a choice between risking the displeasure of the trial court in calling the witness for cross-examination or forfeiting a constitutional right.
3. The Louisiana statutory scheme, [Children’s Code Articles] 325-327, regarding the use of testimonial hearsay in the form of video interviews without the right to contemporaneous cross[-]examination by the defense prior to the introduction of the exhibit violates the Confrontation Clause of the Sixth Amendment to the United States Constitution and Art. 1, Section 16 of the Louisiana Constitution.
4. The legislative designation of an un-sworn forensic video of a non-adult complaining witness as an “exception” to the hearsay rule so as to be offered for the “truth” of the statement without the corresponding right to contemporaneous cross[-]examination of the accuser violates the confrontation clause of the Sixth Amendment as explained by Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), and followed by Melendez-Diaz v. Massachusetts, — U.S. -, 129 S.Ct. 2527, 174 L.Ed.2d 314 [ (2009) ].

Finding no merit in the assigned errors, we affirm the adjudication of | ^delinquency and the disposition.

FACTS

The victim, M.R., was six years old when her parents began sponsoring a youth discipleship group that met on Wednesday nights at their house. M.R.’s mother, Theresa, described it as an outreach program where they would teach the Bible to different kids, including thirteen-year-old L.W., who was a neighbor. After some concerns about L.W.’s behavior during the meetings, Theresa went to L.W.’s home to talk to him and his parents and to explain that L.W. would not be allowed to continue participating in the meetings. Theresa explained that L.W. acted inappropriately toward the girls in the group. Theresa testified that during that conversation, L.W. [1223]*1223admitted “coming on verbally to about five girls from the youth group.” She further testified that L.W. began crying, and said he had a secret that was too bad to confess and “would have to be just between him and God.”

L.W.’s parents stated that L.W. had been dismissed from multiple groups and was having trouble at school because of sexual harassment. Theresa testified that L.W.’s stepfather told her, “1 feel right now that the Lord is telling me that he’s done something to someone in your family, and that’s why he won’t confess it to you.” Theresa stated they told her that L.W. went to a special school because of sexually inappropriate behavior, that he had to be walked from his classroom to the bathroom because he cannot keep his hands off the girls at school, that another next-door neighbor said that L.W. had been “messing” with their daughter, that they had to move from New Orleans because of a problem with L.W.’s sexual behavior, and that L.W.’s mother lost her in-home care job because of L.W.’s sexual behavior.

Theresa was concerned after this discussion, as L.W. was treated as one of the family, spent a lot of time at M.R.’s house, and was occasionally unsupervised around her children. Theresa decided to question M.R. about L.W. and his Lbehavior around her.

M.R. told Theresa that L.W. would come into her room when Theresa was on the phone. She told Theresa that L.W. “had stuck his number one in her number one and that he had also stuck his number one into her number two.” Based on these allegations, Theresa contacted the police, and Detective Jerry Rogers with the St. Tammany Parish Sheriffs Office set up interviews for M.R. with the Children’s Hospital and the Child Advocacy Center’s (CAC) forensic interviewer.

Upon concluding his investigation, Rogers arrested L.W. for aggravated rape. At the time of his arrest, L.W. indicated that he thought he was being arrested for something to do with a cell phone or for something related to M.R. Later, L.W. denied having committed sexual assault on M.R. and denied that he mentioned M.R. at the time of his arrest. He explained that he said he thought his arrest had something to do with “Me,” a girl he had been seeing prior to the arrest.

SUFFICIENCY OF THE EVIDENCE

When the State charges a child1 with a delinquent act2, it has the burden of proving each element of the offense beyond a reasonable doubt. LSA-Ch.C. art. 883. On appeal, the applicable standard of review is whether or not, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. This standard of review applies to juvenile proceedings in which a child is adjudicated a delinquent. However, in juvenile proceedings, the scope of review of this court extends to both law and facts. La. Const. art. V, § 10(B); State in the |5 Interest of D.F., 2008-0182, pp. 4-5 (La.App. 1st Cir.6/6/08), 991 So.2d 1082, 1084-85, writ [1224]*1224denied, 2008-1540 (La.3/27/09), 5 So.3d 138. Essentially, while we review whether the evidence in support of the adjudication is sufficient, we must determine, viewing the evidence in a light most favorable to the prosecution, whether any rational trier of fact could find from the evidence adduced, proof of guilt beyond a reasonable doubt. State in the Interest of Wilkerson, 542 So.2d 577, 581 (La.App. 1st Cir.1989). In WiUcerson, this Court stated:

In a juvenile case, when there is evidence before the trier of fact that, upon its reasonable evaluation of credibility, furnished a factual basis for its finding, on review the appellate court should not disturb this factual finding in the absence of manifest error. Reasonable evaluation of credibility and reasonable inferences of fact should not be disturbed upon review.

Wilkerson, 542 So.2d at 581.

The Jackson v. Virginia, 443 U.S.

Related

In the Matter of State Ex Rel. Lw
40 So. 3d 1220 (Louisiana Court of Appeal, 2010)

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Bluebook (online)
40 So. 3d 1220, 2009 La.App. 1 Cir. 1898, 2010 La. App. LEXIS 908, 2010 WL 2342649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lw-lactapp-2010.