Louisiana vs. Fussell
Annotate this CaseDefendant Hunter Fussell was indicted for a first degree rape of a victim under the age of thirteen that he was alleged to have committed on or shortly after his fifteenth birthday. Defendant filed motions contending that the automatic transfer provision of Article 305(A) violated several constitutional provisions, both state and federal, as well as evolving United States Supreme Court jurisprudence recognizing the special characteristics of juveniles that could affect their capabilities and culpability. In response, the district court ultimately ruled that this automatic transfer provision violates due process and that a transfer hearing, comparable to the one provided in Children’s Code art. 862,1 was constitutionally required before a juvenile could be transferred to a district court exercising criminal jurisdiction. The party challenging the constitutionality of a statute bears a heavy burden in proving that statute unconstitutional. The Louisiana Supreme Court determined defendant failed to carry the burden of showing Article 305(A) was unconstitutional. Accordingly, the Supreme Court vacated the district court's ruling, and remanded for further proceedings.
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