Track 1: Justice Reinvestment & Criminal Law Updates · Alabama – juvenile sentencing cases and capital cases. The Court explained that life without parole “for juveniles [is]

2017 FALL JUDGES

CONFERENCE October 1-3, 2017

Omni Royal Orleans Hotel, First Floor

Track 1: Justice Reinvestment & Criminal Law Updates

Moderator: Chief Judge Susan M. Chehardy 5th Circuit Court of Appeal

Professor Katherine Mattes Tulane University Law School

Alanah Odoms Hebert Director, Louisiana Supreme Court Division of Children and Families

Douglas Nichols Director, Louisiana Supreme Court Central Staff

SCOPE OF HEARINGS Miller / Montgomery October Judicial College Training

WHAT IS THE APPROPRIATE INQUIRY IN A MILLER (RE)SENTENCING HEARING? - LASC: “[D]etermine whether [the juvenile offender is] ‘the rare juvenile offender whose crime reflects

irreparable corruption.’ ” State v. Montgomery, 194 So.3d 606, 607 (La. 2016) (per curiam)

WHAT EVIDENCE SHOULD BE EXAMINED? - Miller v. Alabama, State v. Montgomery and La. C.Cr.P. Art 878.1 all provide NON-EXHAUSTIVE lists of things

the sentencer should consider, including:o The nature and circumstances of the offense; including the effect of the crime on the victim’s family and

on the community;o The defendant’s age, maturity, intellectual capacity, and mental and emotional health at the time of the

offense;o The defendant’s background, including his or her family, home, and community environment;o The effect of immaturity, impetuosity, or failure to appreciate risks and consequences on the defendant’s

participation in the offense.o The extent of the defendant’s participation in the offense.o The effect, if any, of familial pressure or peer pressure on the defendant’s actions.o The nature and extent of the defendant’s prior criminal history.o The effect of characteristics attributable to the defendant’s youth on the defendant’s judgment.o The possibility of rehabilitation.

- The “gruesomeness of a crime is not sufficient to demonstrate that a juvenile offender is beyond redemption.”Adams v. Alabama, 136 S. Ct. 1796, 1799-1800 (2016) (Sotomayor, J., concurring in the decision to grant, vacateand remand cases of juveniles serving life without parole) (joined by Ginsburg, J.) ( “The reality that juveniles stillstruggle to define their identity means it is less supportable to conclude that even a heinous crime committed by ajuvenile is evidence of irretrievably depraved character” quoting Roper v. Simmons, 543 U.S. 551, 570 (2005))

WHAT ARE THE CONTOURS OF A MILLER SENTENCING HEARING? SCOTUS relied on two threads of cases in reaching its holding in Miller v. Alabama – juvenile sentencing cases and capital cases. The Court explained that life without parole “for juveniles [is] akin to the death penalty” for adults. This correspondence “makes relevant here [in the juvenile life without parole context] the second line of our precedents, demanding individualized sentencing when imposing the death penalty.” The Courts language and reasoning suggest that the contours of Miller/Montgomery sentencing hearings should closely track penalty phase hearings in the capital context, including:

o Mitigation investigation. Sears v. Upton, 561 U.S. 945 (2010); Wiggins v. Smith, 536 U.S. 510 (2003);Williams v. Taylor, 529 U.S. 263 (2000) (finding that presentation of mitigation evidence significantlyimpacts sentencing determinations and counsel’s failure to adequately investigate, review and presentmitigation at capital sentencing hearings constituted ineffective assistance of counsel.)

o Consulting with experts. Ake v. Oklahoma, 470 U.S. 68 (1985); see also, United States v. Pete, 819 F.3d1121, 1133 (9th Cir. 2016) (finding that a district court’s denial of a psychological expert on resentencing“ignored Miller’s reasoning and directives.”)

o Time to prepare. See e.g., State v. Sullivan, 596 So.2d 177, 192 (La. 1992); State v. Sanders, 93-0001 (La.11/30/94); 648 So.2d 1272, 1292; State v. Hamilton, 92-2639 (La. 7/1/97), 699 So.2d 29, 33; see also, Hicksv. Wainwright, 633 F.2d 1146 (5th Cir. 1981) (denial of continuance violated due process where preventeddefense counsel from calling an expert psychiatrist).

o Constitutional entitlement to funding for indigent defendants. State v. Citizen, 2004-1841 (La. 4/1/05),898 So. 2d 325; State v. Kyle, 2013-0647 (La. 6/14/13), 117 So. 3d 498; State v. Touchet, 93-2839 (La.(9/6/94); 642 So. 2d 1213; see also, Griffin v. Illinois, 351 U.S. 12, 20, 76 S. Ct. 585, 591, 100 L. Ed. 891(1956) ("there can be no equal justice where the kind of trial a man gets depends upon the amount of moneyhe has.")

- Legal issues that courts can expect to see raised:o Who can legally receive LWOP sentences? (15 year olds? 2nd degree murder? Intellectually disabled?

Juvenile convicted by a non-unanimous jury?)o Who carries and what is the burden to prove a defendant is the “rare juvenile offender”?

Commonwealth v. Batts, No. 45 MAP 2016, 2017 WL 2735411 (Pa. June 26, 2017) (there is a presumptionagainst life without parole sentences that may only be overcome if the state can prove a child’sincorrigibility beyond a reasonable doubt)

o Are juvenile offenders entitled to juries in sentencing? See, People v. Skinner, 877 N.W. 2d 482(Mich.App. 2015); abrogated by, People v. Hyatt, 891 N.W. 2d 549 (Mich.App. 2016), appeal pending.

“[G]iven all we have said in Roper, Graham, and this decision about children's diminished culpability and heightened capacity for change, we think appropriate occasions for sentencing juveniles to this harshest possible penalty will be uncommon.” Miller, 567 U.S. at 480.

Sentencing Options for Juveniles Charged w

ith First Degree Murder (Act 277)

1st D

egree M

urd

er

Indicted on or

after Aug 1, 2017

Indicted before A

ug 1, 2017

Sentence is Life w

ith Parole under

15.574.4(E).

Has a resentencing

hearing been held prior to A

ug 1, 2017?

Judge granted

parole eligibility.

Judge den

ied

parole eligibility.

Sentence is Life w

ith Parole

under 15.574.4(G)

Sentence is Life w

ithou

t Parole.

Hearing m

ust be held to determ

ine whether

sentence will be im

posed w

ith or w

ithou

t parole eligibility.

No judicial determ

ination needed.

Yes

Has N

otice of Intent to seek

Life with

out Parole

been filed within

180 days of indictm

ent?

Yes

No N

o

Has N


Life with

out Parole

been filed by Oct 30,

2017?

No

Yes

No judicial

determination

needed.

Sentence is Life w

ith Parole

under 15.574.4(G

).

Hearing m

ust be held to determ

ine whether

sentence will be im

posed w

ith or w

ithou


Sentencing Options for Juveniles Charged w

ith Second Degree Murder (Act 277)

2n

d Degree

Mu

rder

Indicted on or

after Aug 1, 2017

Indicted before A

ug 1, 2017

Sentence is Life w

ith Parole under

15.574.4(F).

Has a resentencing

hearing been held prior to A

ug 1, 2017?

Judge granted

parole eligibility.

Judge den

ied

parole eligibility.

Sentence is Life w

ith Parole

under 15.574.4(G)

Sentence is Life w

ithou

t Parole.

No judicial determ

ination needed.

Yes

No

Has N


Life with

out Parole

been filed by Oct 30,

2017?

No

No judicial

determination

needed.

Sentence is Life w

ith Parole

under 15.574.4(G

).

Yes H

earing must be held to determ

ine w

hether sentence will be im

posed w

ith or w

ithou


JUVENILE EXPUNGEMENT INFORMATION

Creates an “Automatic” Expungement Process for Most New Cases Going Forward Expedites Expungement (Ch. C. Art. 918) Creates a More Uniform Process for Expungement Clarifies that FINS Matters are Not Criminal or Delinquent in Nature but are Subject to Confidentiality (Ch. C. Art. 736.1, 740, 782, 792, 793) Clarifies Confidentiality Protections for Children (Ch. C. Art. 412)

Courts include expungement in disposition orders to be made executory upon case closure (Ch. C. Art. 903). Objections trigger a hearing (Ch. C. Art. 906) and must use affidavit of response (Ch. C. Art. 926). Grounds therefor include adjudications for murder, manslaughter, offenses requiring sex offender registration, kidnapping, or armed robbery; a criminal court felony conviction or criminal court conviction for misdemeanor against person with firearm; or pending bill of information or indictment for felony or misdemeanor against person with firearm (Ch. C. Art. 903).

1. Non-adjudication (including FINS) and certain prostitution/crimes against nature charges against a juvenile can be expunged at any time.

2. Most other charges are eligible at the time court jurisdiction ends. 3. Murder, manslaughters, registerable charges, kidnapping, or armed robbery

require 5-year wait.

Courts should notify child of expungement process at time of disposition (Ch. C. Art. 901). In old cases and non-adjudications, a child can move on own using form motion included in act (Ch. C. Art. 919). Agencies have 30 days to file an affidavit of completion of expungement (Ch. C. Art. 921). Expunged records cannot be released

(Ch. C. Art. 920) and child does not have to disclose unless testifying in certain cases (Ch. C. Art. 922). Court costs or fees cannot be charged; courts shall waive other fees for indigence (Ch. C. Art. 924).

FINS children can only be detained in a secure facility for up to 24 hours before a hearing and only IF they are kept separate from youth adjudicated delinquent AND non-secure placement is unavailable AND there are reasonable grounds to believe child is a runaway, ungovernable, or at substantial risk of failure to appear (all 3 factors MUST apply) (Ch. C. Art. 737). After a continued custody hearing, they can be detained in secure detention up to 24 hours and then must be released or transferred to non-secure custody (Ch. C. Art. 742). If held in a non-secure facility, a continued custody hearing must be held within 3 days or the child must be released (Ch. C. Art. 739). Juvenile records cannot be released without a court order. Courts can authorize release to certain governmental entities and public defenders who are currently providing services to the child, or to others after: • petition for record release is filed, • child has notice and an opportunity to respond at a contradictory hearing, • and the court considers privacy, risk of harm, compelling reason, legitimate

interest. Most to whom records are released must sign a non-disclosure agreement, and information on juvenile matters can no longer be released to the general public, except when a child escapes from a juvenile detention center.

WHAT DOES ACT 362 DO?

2017 Legislative Session

Page 1 of 10 Motion for Expungement

Revised 7/18/2017

(These expungement forms and information are provided courtesy of Jefferson Parish Juvenile Court.)

EXPUNGEMENT AND SEALING OF JUVENILE RECORDS

LA.CH.C. Art. 901 and 903 INFORMATION SHEET

WHAT IS EXPUNGEMENT? Under Louisiana law today, it is possible to have most juvenile records expunged and sealed. If your record is expunged and sealed, no record of ever having been involved with the juvenile court system will exist. This includes arresting agencies, such as sheriff’s offices, and other departments that will also be ordered to expunge and seal their records. If a particular charge is expunged and sealed, you do not have to disclose it, such as on job applications, and you won’t be guilty of perjury if you deny it under oath. WHAT KIND OF CASES/CHARGES/ARRESTS CAN BE EXPUNGED? A charge is expungable AT ANY TIME if it did not result in an adjudication. An adjudication is when the judge makes a decision that a juvenile committed an act they are charged with, or when the judge accepts a plea- or admission- from a juvenile that they committed an act. There are also some charges that are expungable at any time even if there was an adjudication, and those are charges concerning the following Louisiana Laws: L.A. R.S. 14:82, 14:83.3, 14:83.4, 14:89, 14:89.2. Charges that led to a finding of Families in Need of Services, or an adjudication for any charge other than murder, manslaughter, an offense requiring registration as a sex offender, kidnapping, or armed robbery, may also be able to be sealed and expunged once the case is closed or dismissed for that charge. ALSO the juvenile must be free of any pending indictments or bills of information in adult court, adult court felony convictions, or adult court misdemeanor criminal convictions involving a firearm for an expungement to be granted. Finally, if the juvenile does have an adjudication for murder, manslaughter, a sex offense requiring registration as an offender, kidnapping, or armed robbery, they may still be able to expunge and seal their record if at least five years have passed since their last juvenile case was closed or dismissed, and they have no pending indictments or bills of information in adult court, adult court felony convictions, or adult court misdemeanor criminal convictions involving a firearm. HOW DO I GET MY RECORD EXPUNGED? You can begin the process by filling out and filing the attached form, the Motion for Expungement and Sealing. After it is filed, notice is sent to different agencies or departments that are related to the charge in order to determine if they have any objection to the expungement. The person moving for expungement is responsible for obtaining all necessary information. NO COURT PERSONNEL WILL OBTAIN THE INFORMATION FOR YOU. This form must be completed and accurately filled out by the applicant before filing with the Clerk of Court. SEE THE ATTACHED LIST OF AGENCIES FOR ASSISTANCE IN DETERMINING WHO TO ADD TO THE “PLEASE SERVE” AT THE END OF THE MOTION. This form must be either typed or clearly printed. If the motion to expunge includes several different charges, one motion may be filed; HOWEVER, A SEPARATE PAGE 4 MUST BE COMPLETED FOR EACH CHARGE LISTED. WHAT HAPPENS AFTER I FILE? For some charges, you may receive an order granting the expungement without ever having to go to a court hearing. If a party objects to the expungement, a hearing will be held in order for the judge to determine whether or not an expungement may be granted. If an expungement is granted, notice is sent to all the departments and agencies involved, ordering them to expunge their records concerning that charge and/or arrest.


Revised 7/18/2017

LIST OF AGENCIES

FOR INFORMATION ONLY – Copy the information on those agencies whose records you seek to expunge after the “PLEASE SERVE” on the Motion and Order. DO NOT ATTACH THIS LIST TO THE MOTION AND ORDER.

BUREAU OF IDENTIFICATION AND INFORMATION Attn: Expungements 7919 Independence Blvd. Baton Rouge, Louisiana 70806

ROY L. JUNCKER, JR. DIRECTOR OF JUVENILE SERVICES 1546-B Gretna Blvd. Harvey, Louisiana 70058

OFFICE OF YOUTH DEVELOPMENT Attention: James Bueche, PhD Deputy Secretary for Youth Services State Police Building 7919 Independence Blvd. Baton Rouge, La. 70806

PAUL CONNICK, JR. District Attorney, Parish of Jefferson 1546 Gretna Blvd Harvey, LA 70058

JON A. GEGENHEIMER Clerk of Court 24th Judicial District Court New Gretna, Courthouse Gretna, Louisiana 70053

SHERIFF NEWELL NORMAND Parish of Jefferson Through Sgt. Joe Ortega 1546 B Gretna Blvd. Harvey, Louisiana 70058

MICHAEL J. GLASER Chief of Police, City of Kenner 500 Veterans Memorial Blvd. Kenner, LA 70062

TIM WALKER Chief of Police, City of Harahan City Hall 6437 Jefferson Highway Harahan, Louisiana 70123

ARTHUR S. LAWSON JR. Chief of Police, City of Gretna 200 5TH Street Gretna, Louisiana 70053

DWAYNE MUNCH Chief of Police, City of Westwego 417 Avenue A Westwego, Louisiana 70094

MARCELL RODRIGUEZ Chief of Police, City of Jean Lafitte Route 1, Box 1 LaFitte, Louisiana 70067

LAINE LANDRY Chief of Police, City of Grand Isle City Hall P.O. Box 880 Grand Isle, Louisiana 70358


Revised 7/18/2017

IN THE INTEREST OF JUVENILE COURT ____________________________________ PARISH OF JEFFERSON ____________________________________ STATE OF LOUISIANA

SECTION:_______ DOB: ____/____/_______ FILED: ____________________________ _________________________________

LOUISIANA CHILDREN’S CODE ARTICLE 925 MOTION FOR EXPUNGEMENT AND SEALING

NOW INTO COURT COMES _______________________________, in proper person or through undersigned counsel, and herein moves this Honorable Court:

(1) To order the expungement and sealing of all records and reports,

including but not limited to the record of arrest and order of disposition concerning

the below-described conduct or condition, and directing all officials, agencies,

institutions, boards, and systems, including their employees, agents, consultants, and

special committees, to expunge and seal any record, in any form, concerning the

arrest of mover, and any other photographic, fingerprint, DNA, or any other

information of any and all kinds or descriptions; and

(2) To direct each agency and law enforcement office having any such

records, including but not limited to the above named entities, to file a sworn

affidavit with the clerk of court to the effect that such records have been expunged

and sealed and that no notation or reference has been retained in any central

depository which could or might lead to the inference that the expunged and sealed

record was ever on file with that agency or law enforcement office, except as

otherwise specifically provided by law.

I.

Full Name of Mover: _____________________________________________________ SEX: { } Male { } Female Social Security Number:__________________ Race/Ethnicity: _____________________ Date of Birth: ____/____/_____ Address: Street: ________________________________________________ Apt. #: ___________ City/State: _____________________________________________________ Zip: _____________


Revised 7/18/2017

NOTE: A separate page shall be completed for EACH of the charges for which expungement and sealing is sought. Failure to provide ALL of the requested information may result in dismissal of the motion for insufficiency.

II.

Offense Report #: ________________________ Offense charged:__________________________ Date of Arrest: ____/____/________ Arresting Agency: ___________________________________________________ City/ Parish of Arrest: ________________________________________________

III.

Action taken: (Check appropriate action and insert date) { } Charges not filed

{ } Charges refused on ____/____/________

{ } Informal Adjustment Agreement completed on ____/____/________

{ } Adjudicated on ____/____/________

{ } Dismissed on ____/____/________

{ } Continued without date on ____/____/________

IV.

Court Docket and Complaint #: __________________, # _____________

V. Authority for motion (Check one only) { } This matter did not result in adjudication. { } This matter resulted in a Families in Need of Services or delinquency adjudication. AND the court which had exercised juvenile jurisdiction has ceased to exercise such in accordance with Children's Code Article 313. AND { } the adjudication was NOT for murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery. { }OR the adjudication was for murder, manslaughter, an offense requiring

registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery but at least five years has passed since the most recent judgment against the mover

AND mover has no adult felony conviction and no adult conviction for a misdemeanor against a person involving a firearm. AND mover has no pending indictment or bill of information against him. WHEREFORE, mover prays that after due proceedings are had, there be an order herein in favor of mover, ordering the clerk of court and all other agencies, offices or organizations to expunge and seal their records or reports concerning the conduct or condition of mover as a child as more fully described herein. Respectfully submitted, ____________________________ ___________________________________ Name of Mover or Attorney Phone ____________________________ ___________________________________ Address City/State/Zip


Revised 7/18/2017


SECTION:_______ DOB: ____/____/_______ FILED: _____________________________ __________________________________

ORDER CONSIDERING the above and foregoing Motion for Expungement: IT IS ORDERED that a contradictory hearing be and is hereby set for the ______ day of

_________________, 20____ at _________ in Section ________.

_________________, Louisiana this ______ day of __________________20___.

____________________________________ JUDGE Note: Please add any additional necessary agencies below. PLEASE SERVE: PAUL CONNICK, JR. District Attorney, Parish of Jefferson 1546 Gretna Blvd Harvey, LA 70058 JON A. GEGENHEIMER Clerk of Court 24th Judicial District Court New Gretna, Courthouse Gretna, Louisiana 70053 BUREAU OF IDENTIFICATION AND INFORMATION Attn: Expungements 7919 Independence Blvd. Baton Rouge, Louisiana 70806

ROY L. JUNCKER, JR. DIRECTOR OF JUVENILE SERVICES 1546-B Gretna Blvd. Harvey, Louisiana 70058 OFFICE OF YOUTH SERVICES Attention: Simon Gonsoulin Deputy Secretary for Youth Services State Police Building 7919 Independence Blvd. Baton Rouge, La. 70806 SHERIFF NEWELL NORMAND Parish of Jefferson Through Sgt. Joe Ortega 1546 B Gretna Blvd. Gretna, Louisiana 70053

AND (See list of agencies attached to instructions and input any additional addressed on the next page)


Revised 7/18/2017

Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip


Revised 7/18/2017


SECTION:_______ DOB: ____/____/_______ FILED: _____________________________ __________________________________ DEPUTY CLERK

ORDER OF EXPUNGEMENT

CONSIDERING the Motion for Expungement and Sealing and the evidence

adduced adduced as to the following described matter, and as to the following described

conduct or conditions:

Item #s Offense(s) charged Date of Arrest(s) Arresting Agencies

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

IT IS ORDERED that the Clerk of Court expunge and seal all records and reports, in any medium, including but not limited to pleadings, exhibits, reports, minute entries, correspondence, and all other documents. The Court may maintain a confidential record of the fact of an adjudication, which may be released only upon written motion of a court exercising criminal jurisdiction over the mover herein and then only for purposes authorized by the Code of Criminal Procedure.

IT IS FURTHER ORDERED that all officials, agencies, institutions, boards, systems, and law enforcement officers and their employees, agents, and consultants expunge and seal all records and reports, in any form, concerning the above-described matter, and any other photographic, fingerprint, DNA, or any other information of any and all kinds and descriptions. The custodian of records and reports of the agency or office may maintain a copy of this order. However, the custodian shall not disclose to anyone the fact that an order is maintained or that the expunged and sealed records or reports previously existed except upon written order of the Court.

IT IS FURTHER ORDERED that any and all costs or fees assessed by any

department, agency, or office for compliance with this Order be and hereby are WAIVED.

IT IS FURTHER ORDERED that each agency and law enforcement office

herein served and having any records or reports of the conduct or condition file a sworn affidavit with the clerk of court to the effect that the records and reports have been expunged and sealed and that no notation or references have been retained in any central depository which could or might lead to the inference that any report or record was on file with the agency or law enforcement office served, which affidavit shall be filed with the clerk of court within ______ days after service of this order.

Signed at______________, Louisiana this ____ day of _______________20____.

________________________________________ JUDGE

PLEASE SEE NEXT PAGE FOR SERVICE INSTRUCTIONS


Revised 7/18/2017

PLEASE SERVE: PAUL CONNICK, JR. District Attorney, Parish of Jefferson 1546 Gretna Blvd Harvey, LA 70058 JON A. GEGENHEIMER Clerk of Court 24th Judicial District Court New Gretna, Courthouse Gretna, Louisiana 70053 BUREAU OF IDENTIFICATION AND INFORMATION Attn: Expungements 7919 Independence Blvd. Baton Rouge, Louisiana 70806 ROY L. JUNCKER, JR DIRECTOR OF JUVENILE SERVICES 1546-B Gretna Blvd. Harvey, Louisiana 70058

OFFICE OF YOUTH SERVICES Attention: Simon Gonsoulin Deputy Secretary for Youth Services State Police Building 7919 Independence Blvd. Baton Rouge, La. 70806 SHERIFF NEWELL NORMAND Parish of Jefferson Through Sgt. Joe Ortega 1546 B Gretna Blvd. Gretna, Louisiana 70053

AND (See list of agencies attached to instructions and input any additional addresses below)

_________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip


Revised 7/18/2017

LOUISIANA CHILDREN’S CODE ARTICLE 925

AFFIDAVIT OF RESPONSE

Pursuant to Children's Code Article 919, the Respondent agency or office, ____________________, acknowledges the following: { } No Opposition. Respondent has no opposition to the motion and respectfully consents to waiver of the contradictory hearing. { } Opposition to the Motion of Expungement and Sealing with Reasons. Respondent respectfully requests a contradictory hearing.

As grounds for its objection, the Respondent asserts as follows: { } The court is still exercising jurisdiction. { } The adjudicated offense was for murder, manslaughter, an offense requiring registration as a sex offender under R.S. 15:542, kidnapping, or armed robbery and therefore a hearing is required by law. { }The adjudication was for a felony offense, and the applicant has an adult felony conviction. { }The adjudication was for a felony offense, and the applicant has an adult conviction for a misdemeanor against a person involving a firearm. { }The adjudication was for a felony offense, and the applicant has a pending indictment or bill of information filed against him. Respectfully submitted, _________________________________________ Name of Respondent/Signature of Attorney _________________________________________ Address _________________________________________ City/State/Zip _________________________________________ Phone PLEASE SEE SERVICE INSTRUCTIONS NEXT PAGE


Revised 7/18/2017

PLEASE SERVE: PETITIONER (Juvenile) PAUL CONNICK, JR. District Attorney, Parish of Jefferson 1546 Gretna Blvd Harvey, LA 70058 JON A. GEGENHEIMER Clerk of Court 24th Judicial District Court New Gretna, Courthouse Gretna, Louisiana 70053 BUREAU OF IDENTIFICATION AND INFORMATION Attn: Expungements 7919 Independence Blvd. Baton Rouge, Louisiana 70806

ROY L. JUNCKER, JR DIRECTOR OF JUVENILE SERVICES 1546-B Gretna Blvd. Harvey, Louisiana 70058 OFFICE OF YOUTH SERVICES Attention: Simon Gonsoulin Deputy Secretary for Youth Services State Police Building 7919 Independence Blvd. Baton Rouge, La. 70806 SHERIFF NEWELL NORMAND Parish of Jefferson Through Sgt. Joe Ortega 1546 B Gretna Blvd. Gretna, Louisiana 70053

_________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip _________________________________ _________________________________ Name of Agency Name of Agency _________________________________ _________________________________ Attn: Attn: _________________________________ _________________________________ Address Address _________________________________ _________________________________ City/State/Zip City/State/Zip

JUSTICE REINVESTMENT AND CRIMINAL LAW UPDATES SPEAKER BIOS

KATHERINE MATTES Katherine Mattes is a Senior Professor of the Practice at Tulane Law School. She has been a member of the Tulane Law School faculty since 2002, and is the Director of the Criminal Justice Clinic, the Criminal Intersession Program and is co-director of the Women’s Prison Project -- a collaboration between Tulane’s Criminal Justice Clinic and the Domestic Violence Clinic focused on education and advocacy relating to victims of domestic abuse and sex trafficking who are defendants in the criminal justice system.

Prof. Mattes’ expertise is in criminal litigation at all levels of practice, including trial, appellate, post-conviction and federal habeas. She is a member of the New Orleans Behavioral Health Council, Criminal Justice Workgroup; an instructor with the New Orleans Police Academy; a trainer for the National Institute for Trial Advocacy (NITA) and faculty lecturer with the Tulane Forensic Psychiatry Department. She regularly teaches and consults in the areas of mental illness and criminal law, specifically mental competency to proceed and the insanity defense; and has written Louisiana practice manuals on both of those topics, as well as the representation of defendants who are victims of domestic abuse. Prior to joining the Tulane Law School faculty in 2002, Mattes was Assistant Special Counsel for the Judiciary Commission of Louisiana; staff attorney at the Innocence Project New Orleans, and a public defender in San Diego, California.

ALANAH ODOMS HEBERT Alanah Odoms Hebert was appointed to serve as Director of the Division of Children and Families at the Louisiana Supreme Court in August 2017. In this role, Ms. Hebert administers and oversees a wide range of activities designed to support and enhance the administration of justice for children and families who are involved in the court system. Her work includes oversight of federal and state funding to support the Court Appointed Special Advocate (CASA) program, Families In Need of Services (FINS) program, and Court Improvement Program (CIP) through the Pelican Center. From 2013-2017, Alanah served as Deputy General Counsel where she provided legal counsel to the Supreme Court on litigation and administrative matters involving questions of federal and state law. In 2016, Alanah served as staff counsel to the Louisiana Justice Reinvestment Task Force, a bi-partisan, inter-branch team of experts tasked with studying the drivers of incarceration in Louisiana and proposing legislative reforms. Ms. Hebert has worked as an associate at the law firm Gauthier, Houghtaling and Williams LLP, practicing in the areas of business and civil litigation, and as a Senior Assistant District Attorney in Orleans Parish. Ms. Hebert currently teaches at Tulane Law School, as an adjunct lecturer in Negotiation and Mediation Advocacy. Ms. Odoms Hebert is a graduate of Rutgers School of Law-Newark and a Magna Cum Laude, Phi Beta Kappa graduate of Rutgers College in New Jersey.

DOUGLAS NICHOLS Doug Nichols, Director of Central Staff at the Louisiana Supreme Court, graduated from Tulane Law School in 1995. He clerked for the Honorable Steven R. Plotkin and the Honorable Catherine D. Kimball before joining Central Staff at the Louisiana Supreme Court. Central Staff assists the Justices in reviewing criminal matters pending before the Court.

Documents

Track 1: Justice Reinvestment & Criminal Law Updates · Alabama – juvenile sentencing cases and capital cases. The Court explained that life without parole “for juveniles [is]