137 So. 3d 1282 - State ex rel. D.B.’s Empirical Analysis
2014
Citation profile
4
cited by 4 later decisions
1
states following
November 2016
most recently cited
4 state decisions
Relationships
Relies on State v. Wommack · State v. Darville · State v. Labure · Manuel v. State · State, in Interest of Jcg
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The Juvenile further, argues that mowing approximately five yards per month is too extreme a punishment. The Juvenile suggests to this court .that he is unable to find any rehabilitative purpose in the trial court’s order. Again, we disagree. We find that requiring a juvenile to account for a portion of the reasonable and direct consequences of his crime is an- acceptable form of rehabilitation. While we concede that the trial court’s order could have been done with more precision (such as considering the lack of yards to mow in the winter), overall we find that it did an excellent job of “balancing] the needs of the child with the best interest of society.” State ex rel. Gamer, 484 So.2d 149, 154 (La.App. 3 Cir.1986), citing State ex rel. Ray, 432 So.2d 312 ;(La.App. 5 Cir.1983). Further, we recognize that much discretion is granted to the trial court because of the special nature of the juvenile proceeding. Garn er, 484 So.2d 149 . Particularly, we have found that “[ajlthough many of the amounts assessed by the trial court are replacement values, it was within the lutria! court’s discretion to choose an appropriate amount.” State v. Johnson, 04-1266, p, 22 (La.App. 3 Cir. 2/2/05), 893 So.2d 945, 959 . The trial court clearly acted within its discretion. Therefore, the assignment of error lacks merit.”
1 later decision quote this exact passage“A. When the child appears to answer the petition, the court shall first determine that the child is capable of understanding statements about his rights under this Code. B. If the child is capable, the court shall then advise the child of the following items in terms understandable to the child: (1) The nature of this delinquency proceeding. (2) The nature of the allegations of the petition. (3) His light to an adjudication hearing. |]7(4) His right to be represented by an attorney, his right to have counsel appointed as provided in Article 809, and his right in certain circumstances authorized by Article 810 to waive counsel. (5) His privilege against self-incrimination. (6) The range of responses authorized under Article 856. (7) The possible consequences of his admission that the allegations are true, including the maximum and minimal dis positions which the court may impose pursuant to Articles 897 through 900.”
1 later decision quote this exact passage“In State ex rel. C.P., 12-192 (La.App. 3 Cir. 6/6/12) , 91 So.3d 1273 , the court applied the harmless error analysis when the trial court failed to advise the juvenile of his rights under Article 855. In C.P., the court found the error was harmless since the record reflected that the juvenile was represented by counsel when he appeared in court and entered a denial to the charges against him. In the present case, the record indicates that the Juvenile was represented by counsel and denied the allegation. Thus, we find that the error was harmless.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.