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      CHC 887     



Art. 887.  Vacation of adjudication; grounds

A.  On motion of the child prior to disposition, a delinquency adjudication shall be vacated and the child discharged if, after contradictory hearing, the court finds that:

(1)  The petition is substantially defective, in that an essential averment is omitted, although the child may be recharged by a new petition within the time limitations provided by law for that offense.

(2)  The delinquent act charged in the petition is not based upon an offense which is punishable under a valid statute.

(3)  The court making the adjudication lacked jurisdiction.

(4)  The act charged constitutes double jeopardy, if not previously urged.

(5)  The prosecution was not timely instituted, if not previously urged.

B.  On motion of the child before disposition, an adjudication shall be vacated and a new adjudication hearing ordered if, after a contradictory hearing, the court finds that:

(1)  The adjudication is not responsive to the petition, or is otherwise so defective that it will not form the basis of a valid judgment, in which case the child shall be remanded to custody or bail to await a new adjudication hearing.

(2)  The adjudication was obtained by fraud or mistake sufficient to justify vacating the adjudication.

(3)  The child and his counsel satisfy the requirements of Articles 851(3), 853, and 854 of the Code of Criminal Procedure regarding the discovery of new and material evidence.

(4)  The adjudication judgment is contrary to the law and evidence.

C.  If the court is of the opinion that the ends of justice would be served, it may vacate the adjudication prior to disposition, although the child may not be entitled to such relief as a matter of strict legal right.

Acts 1991, No. 235, §8, eff. Jan. 1, 1992.

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