STATE EX REL. G.G.

No. 2009-CA-1667.

45 So.3d 623 (2010)

STATE of Louisiana in the Interest of G.G.

Court of Appeal of Louisiana, Fourth Circuit.

August 4, 2010.


Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Alyson Graugnard , Assistant District Attorney, New Orleans, LA, for Appellant, State of Louisiana.

(Court composed of Judge TERRI F. LOVE, Judge DAVID S. GORBATY, Judge PAUL A. BONIN).


TERRI F. LOVE, Judge.

The State appeals the juvenile judge's order dismissing the State's case against G.G., a juvenile, based on a prior determination that G.G. was incompetent to proceed to trial. We find the juvenile judge's dismissal pursuant to La. Child. Code art. 876 an abuse of discretion in this matter, as no contradictory hearing was held wherein the juvenile judge determined by a preponderance of the evidence that the juvenile lacked the mental capacity...

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