¶1The juvenile court having failed to have the delinquency hearing reported or recorded and transcribed as required by LSA-R.S. 13:1579 (applicable on the date of the hearing in 1978), and there being no legal authority for substituting a narrative of facts prepared by the trial judge for a verbatim transcript of the evidence as was done here, the adjudication of delinquency and commitment of the appellant juvenile (execution of which was suspended pending appeal) is reversed and set aside. See LSA-R.S. 13:1579; State of Louisiana in Interest of Wagster, 348 So.2d 753 (La.App. 1st Cir. 1977); In re State of Louisiana in Interest of Collins, 288 So.2d 918 (La.App. 1st Cir. 1973); In re State of Louisiana in Interest of Aaron, 266 So.2d 726 (La.App. 3d Cir. 1972). The case is remanded for further proceedings. Costs of the appeal are assessed to appellee, State of Louisiana.
381 So. 2d 582
State ex rel. Bearden
Decided February 25, 1980
Louisiana Court of Appeal · decided 1980-02-25
Cited by 6 later decisions — most recently January 1997
6 state decisions
Key passage — most relied on by later courts
“The juvenile court having failed to have the delinquency hearing reported or recorded and transcribed as required by LSA-R.S. 13:1579 (applicable on the date of the hearing in 1978), and there being no legal authority for substituting a narrative of facts prepared by the trial judge for a verbatim transcript of the evidence as was done here, the adjudication of delinquency and commitment of the appellant juvenile... is reversed and set aside. (Citations omitted). The case is remanded for further proceedings....”
quoted by 1 later decision, including State in Interest of TT
Relies on State, in Interest of Aaron · In re State ex rel. Collins · 348 So. 2d 753 - State ex rel. Wagster
Good law ✅— No negative treatment on recordhow we know
Decided 1980-02-25
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