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137 So. 3d 728

137 So.3d 728

2013 La.App.4Cir. 1198

State ex rel. A.W.

Louisiana Court of Appeal

Decided March 13, 2014

Louisiana Court of Appeal · decided 2014-03-13

Cited by 2 later decisions — most recently August 2017

2 state decisions

Key passage — most relied on by later courts

“Now, the defendant has raised a legal justification claim of self-defense. The use of force or violence upon the person of another is justifiable for the purpose of preventing a forcible offense against one's person if the force used is reasonable and apparently necessary to prevent the offense. A person who has not engaged in any unlawful activity and is in a place where he or she has a right to be has no duty to retreat before using force or violence for the purpose of preventing a forcible offense against [his] or her person. In such circumstances a person may stand his or her own ground and meet force with force. The possibility of retreat shall not be considered as [a] factor in determining whether or not the person had a reasonable belief that the use of force or violence was reasonable and apparently necessary to prevent the forcible offense against his or her person. Thus if you find that the defendant committed the offense charged for the purpose of preventing a forcible offense against his person, and 2) that the amount of force [or] violence used was reasonable and 3) that the force or violence was apparently necessary to prevent the forcible offense then you must find the defendant not guilty. A defendant who seeks to justify his actions by the legal claim of self-defense must prove his claim by a preponderance of the evidence. Now, in applying all this law which the court has given to you about the evidence and the witnesses and the definitions, you must remember”

quoted by 1 later decision, including 243 So. 3d 1178 - State v. Barron

Relies on Jackson v. Virginia · 448 So. 2d 676 - State v. Captville · 796 So. 2d 649 - State v. Neal

Good law ✅— No negative treatment on recordhow we know

Decided 2014-03-13

View the full empirical analysis of this case →

JOY COSSICH LOBRANO, Judge.

¶1|TOn July 24, 2013, the Orleans Parish Juvenile Court adjudicated A.W.1 delinquent as a result of having committed the crime of simple battery, a violation of La. R.S. 14:35. The Juvenile Court judge committed A.W. to the Department of Safety and Corrections for a period of six (6) months, but suspended the commitment and placed A.W. on six (6) months of inactive probation with certain special conditions. A.W. now appeals the adjudication and disposition.

¶2*729At trial of this matter, Wallace Foster testified that on April 19, 2013, he was employed as a teacher at Benjamin Banneker Elementary School in New Orleans. A.W. was a seventh grade student in Foster’s physical education class. Foster was on cafeteria duty when A.W. caused a disturbance. Foster asked A.W. to leave the cafeteria, and he refused. Foster called for a security guard, who responded and escorted A.W. to the office. Foster followed A.W. to the office. Words were exchanged between the two, and as Foster moved closer to A.W., A.W. pushed |2him away. Foster said he did not touch A.W. prior to A.W. pushing him in the chest, or at any other time.

¶3Craig Wells testified that he is a public safety officer at Benjamin Banneker Elementary School, and was acting in that capacity on April 19, 2013. He stated that he was a witness to an incident that occurred that day between A.W. and Foster. The incident began in the cafeteria. Wells was summoned to the cafeteria to escort A.W. out of the cafeteria and to the office. This action was requested by Foster because he had told A.W. several times to sit down and stop speaking disrespectfully to him, but A.W. did not follow Foster’s instructions. Foster also went to the office to report A.W. for cursing at him. As Foster was writing his report, A.W. said to him, “I know you didn’t call my momma stupid.” Foster responded to A.W., “No, I didn’t call your momma stupid. I was calling you stupid.” Wells said Foster then jumped up and approached A.W., putting his face close to AW.’s face, and said, “No, I was talking to you.” Wells said that Foster approached A.W. quickly, but never touched A.W. at any time either in the cafeteria or outside of the office. A.W. then pushed Foster away from him. Wells said he then grabbed A.W. and the incident ended.

¶4A.W. testified about the April 19, 2013 incident. He said Foster asked him to sit down in the cafeteria, and he mumbled under his breath as he looked for a seat. He admitted to using profanity. Foster told A.W. to go to the office, and A.W. did not. Foster then called for security. Wells, the security officer, arrived to escort A.W. to the office. Foster followed them to the office, and A.W. asked him |4f he said his mother was stupid. He said Foster then “got into my face,” so close that A.W.’s nose was on Foster’s chest. A.W. said he thought Foster was going to hit him, so he pushed Foster away from him. A.W. admitted that Foster never put his hands on him during this incident or at any other time since he has been a student at that school.

¶5Following trial, the Juvenile Court judge adjudicated A.W. delinquent as a result of having committed the crime of simple battery. A.W. now appeals.

¶6In his sole assignment of error, A.W. argues that the Juvenile Court erred in adjudicating him delinquent after he established by a preponderance of evidence that he acted in self-defense and the State failed to disprove it. La. R.S. 14:35 defines simple battery as “a battery committed without the consent of the victim.”

¶7In State ex rel K.M., 2010-0649, pp. 4-5 (La.App. 4 Cir. 9/29/10), 49 So.3d 460, 463-464, this Court set forth the standard of review in a juvenile delinquency case as follows:

In evaluating the sufficiency of evidence to support a conviction, an appellate court must determine whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560*730(1979). The Jackson standard has been held to be the clear standard of review for Louisiana appellate courts by the Louisiana Supreme Court. State v. Brown, 2003-0897 (La.4/12/05), 907 So.2d 1. It specifically requires that the appellate court must determine that the evidence was sufficient to convince a rational trier of fact “that all of the elements of the crime had been proved beyond a reasonable doubt.” State v. Neal, 2000-0674, p. 9 (La.6/29/01), 796 So.2d 649, 657, citing State v. Captville, 448 So.2d 676, 678 (La.1984). This standard of review is applicable to juvenile delinquency cases. State in the |4 Interest of T.E., 2000-1810 (La.App. 4 Cir. 4/11/01), 787 So.2d 414.

¶8A reviewing court grants great deference to the Juvenile Court’s factual findings, credibility determinations, and assessment of witness testimony. State in Interest of S.J., 2013-1025, p. 3 (La.App. 4 Cir. 11/6/13), 129 So.3d 676, 678, citing State ex rel. W.B., 2008-1458, p. 1 (La.App. 4 Cir. 4/22/09), 11 So.3d 60, 61.

¶9With regard to the issue of self-defense, this Court in State v. Boudreaux, 2008-1504 (La.App. 4 Cir. 9/29/10), 48 So.3d 1144, stated as follows:

In a non-homicide situation, the defense of self-defense requires a dual inquiry; an objective inquiry into whether the force used was reasonable under the circumstances; a subjective inquiry into whether the force was apparently necessary. State v. Freeman, 427 So.2d 1161, 1163 (La.1983); State v. Jefferson, 2004-1960, pp. 9-10 (La.App. 4 Cir. 12/21/05), 922 So.2d 577, 587. Under La. R.S. 14:19(A), the force or violence used must be both reasonable “and” apparently necessary to prevent the threatened offense. Therefore, if the force or violence used was unreasonable, the issue of whether that force or violence was apparently necessary to prevent the offense is moot.
In Freeman, the Louisiana Supreme Court noted that there apparently was no Louisiana jurisprudence distinguishing the burdens of persuasion applicable to self-defense in homicide and non-homicide situations. The Court further noted that the burden of persuasion in proving self-defense in a non-homicide situation pursuant to La. R.S. 14:19, which entailed a subjective as well as an objective inquiry, “could arguably be upon the defendant,” since a subjective inquiry was involved. However, the Court in Freemandid not resolve that issue because it found that even assuming the State had the burden of proving beyond a reasonable doubt that the defendant in the non-homicide case had not acted in self-defense when she shot her ex-husband, it had carried its burden of proof.

¶10Id., p. 30, 48 So.3d at 1161 (footnote omitted).

¶11|fiIn State v. Byrd, 2012-0556, p. 3 (La.App. 4 Cir. 6/5/13), 119 So.3d 801, 804, this Court noted that the State’s burden of proof on the issue of self-defense in a non-homicide case is unclear, and may only require proof by a preponderance of the evidence.

¶12In this case, even assuming that the State had the burden of proving beyond a reasonable doubt that A.W. had not acted in self-defense when he committed the battery on Foster, we conclude that the State carried its burden of proof. The testimony at trial revealed a seventh grade student, A.W., cursing and refusing to follow the instructions of a teacher while on school grounds. A.W.’s actions caused Foster to have a security officer escort A.W. from the cafeteria to the office, where a verbal exchange between Foster and A.W. occurred. Both Foster and Wells testified *731that Foster never touched A.W. at any point during the incident of April 19, 2013, and that the only physical contact that occurred during the incident was when A.W. pushed Foster. Furthermore, the evidence was undisputed that Foster did not threaten A.W. with physical contact at any time during the incident at issue, or at any other time since A.W. has been a student at the school. The Juvenile Court judge evaluated the credibility of the witnesses, and obviously determined that A.W. was not justified in his battery of Foster.

¶13Viewing the evidence in the light most favorable to the prosecution, we conclude that the Juvenile Court could have found that the essential elements of the charged offense were proven beyond a reasonable doubt. For the reasons stated above, we affirm the adjudication of delinquency and disposition against A.W.

¶14AFFIRMED.

BELSOME, J., Dissents with Reasons.

¶15. Pursuant to Rules 5-1 and 5-2 of the Uniform Rules — Courts of Appeal, the initials of the juvenile involved in this matter will be used instead of his name.

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