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Objections To Religious References At Trial of Juvenile Not Preserved For Appeal

By Howard M. Friedman

In In re A.D., (TX App., May 15, 2009), a 14-year old Mennonite boy challenged the 10-year sentence imposed on him for driving while intoxicated, thereby causing the death of a passenger in his SUV. The boy claims that repeated references at trial to the nature of the religious community in which he and his family reside violated his equal protection rights. He claimed that the jury assessed punishment at least in part based on the beliefs and practices of his Mennonite community. However the a Texas state appellate court concluded that failure to object to the statements at trial forfeited the right to raise them on appeal. Nevertheless, the court reversed and remanded the sentence on other grounds, finding that no evidence was presented to show that efforts were made, as required by Texas law, to prevent removing the juvenile from his home.

Full post as published by Religion Clause on May 24, 2009 (boomark / email).