Cases | State v. Schoening, 770 So. 2d 762 (La. 2000) | 2018
The defendant was indicted for aggravated rape. The victim testified and was cross-examined. After defense counsel stated that he might call the victim as a witness depending on other testimony presented, the trial court excluded the victim from the courtroom for the remainder of the trial. The trial court sua sponte declared that La. Code Evid. art. 615(B)(4), which precludes a trial court from excluding the victim or victims’ families from the courtroom, is unconstitutional in that it violates the fundamental due process rights of the the defendant and conflicts with the rule of sequestration. The State gave oral notice of its intent to file an appeal. The trial was not stayed, the victim was excluded, and the State filed a motion and order for direct appeal to the court. The supreme court held that the trial court erred by raising the issue of constitutionality of La. Code Evid. art. 615(B)(4) on its own motion. The record did not afford sufficient evidence from which to determine that the trial court properly performed its duty to give art. 615(B)(4) the strong presumption of constitutionality due under the law, or that the trial court attempted to interpret the statute in a manner sustaining its constitutionality before declaring it unconstitutional.