State of Louisiana v. Roger Lee Havis

Summary

The Supreme Court of Louisiana reviewed whether the state could directly prosecute as an adult a defendant who allegedly committed aggravated rape at age 14 but was over 21 when arrested and indicted. The court held that although juvenile transfer procedures ordinarily applied, bypassing them did not require dismissal because the district court had subject matter jurisdiction and the defendant suffered no actual prejudice. The court affirmed the denial of the motion to quash the indictment.

Holdings

1. As a general rule, the State may not bypass La. Ch. Code art. 857(A) and directly prosecute in criminal district court a juvenile who was fourteen at the time of the offense when the legislature has committed the transfer decision to juvenile-court discretion under specified criteria.
2. The district court properly exercised criminal jurisdiction despite the State's failure to initiate juvenile proceedings because Havis was over twenty-one when arrested, was no longer a child for delinquency purposes, and therefore had no substantial opportunity for rehabilitation through juvenile facilities; the omitted procedure caused no actual prejudice.

Questions Presented

1. Whether Louisiana could directly prosecute in adult district court a person who was fourteen when he allegedly committed aggravated rape, without first filing a juvenile delinquency petition and seeking a transfer under the Children's Code.
2. Whether the procedural failure to initiate juvenile proceedings required quashing the indictment when the defendant was over twenty-one at arrest and could no longer receive the benefit of the juvenile court's discretionary retention jurisdiction.

Disposition

affirmed