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· 6/18/1993

Roberts v. Rapides Parish School Board

Citations

  • 619 So. 2d 1068
  • 1993 La. LEXIS 1967

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing disposition in juvenile case where trial court’s comments indicated reliance on child’s protestation of innocence
  • reversing and remanding final order committing subject to a juvenile facility, where the trial court impermissibly based its disposition of the case partly on the juvenile’s continuing to maintain his innocence and showing no remorse throughout the proceeding
  • trial court may not base decision to depart from Department’s recommended placement of juvenile delinquent on child’s continued protestations of innocence because such action would impermissibly chill exercise of fifth and sixth amendment rights
  • “The fact that a defendant has pled not guilty cannot be used against him or her during any stage of the proceedings because due process guarantees an individual the right to maintain innocence even when faced with evidence of overwhelming guilt.”
  • \The fact that a defendant has pled not guilty cannot be used against him or her during any stage of the proceedings because due process guarantees an individual the right to maintain innocence even when faced with evidence of overwhelming guilt.\
  • \`The law is clear that any judicially imposed penalty which needlessly discourages assertion of the Fifth Amendment right not to plead guilty and deters the exercise of the Sixth Amendment right to demand a jury trial is patently unconstitutional.'\

Source: CourtListener parenthetical corpus (CC0).

Judges: Ortique

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.