Louisiana Supreme Court Report |
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  Keep up with the latest news from the Louisiana Supreme Court. We take the latest decisions, arrange them by category, summarize the decision, and post it here with a link to see the full decision. Decisions are usually posted the same day they are released by the Supreme Court. As an added convenience, you can also arrange to have us email you with the new decision summaries as they are posted here.
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June 28, 2003
Orleans Parish grand jury rules struck down [crim] [const]
Defendants file motion to quash indictment based on local grand jury rules that vary from the rest of the state. Finding no compelling reason for the separate rules, the Supreme Court finds the rules unconstitutional and the ruling of the trial court quashing the indictment is affirmed. State v. Dilosa and White Permalink
Teacher must pay for transcript in removal hearings [proc]
Principal who had been removed for dishonesty seeks court review and loses. At issue is whether the teacher in a removal hearing must pay for the cost of preparing a transcript for court review. Action: where teacher loses court review, teacher must pay cost of preparing transcript. Spears v. Beauregard Parish School Board Permalink
Legislative changes to LASERS benefits found constitutional [proc] [const]
Retirees of the Louisiana State Employees Retirement System (LASERS) sue as the result of several legislative changes that alter the options available under the plan at retirement. For a period of time, LASERS allowed an employee to receive retirement and then return to work after a waiting period and receive both a salary and the retirement. Action: legislation altering "vested" rights was not unconstitional and the trial court is reversed. Two dissents. Smith v. Board of Trustees Permalink
Prior municipal conviction can be considered in impeaching witness [crim]
Evidence that victim had prostition convictions in municipal court was ruled not admissable at trial and on appeal. The Supreme Court granted stay orders and reversed, finding that prior convictions in municipal court were admissable. Action: prior law that municipal convictions are not admissable as "convictions" is overruled. State v. Tolbert Permalink
Dedication of public servitude cannot be implied [cont]
At issue was whether new owner of property fronting a canal had right to fence off a boat launch and prohibit public from having access to launch and canal. After acknowleging that the Legislature had never enacted a comprehensive scheme controlling public dedications, the courts have recognized four ways of creating public dedications: formal, statutory, implied and tacit. Since implied dedications lack the formalities and safeguards of the other dedications, the two indispensable elements of implied dedications are a plain and positive intent to give and an equally plain intent to accept. Further, the burden of establishg an implied dedication falls on the party alleging the dedication. Action: mere toleration or acquiescence in public use by itself does not create a public servitude. Cenac v. Public Water Rights Assn. Permalink
Death sentence affirmed [crim]
Defendant is convicted of murdering an elderly woman and his own 8 year-old daughter to avoid possible incest and molestation charges. He is sentenced to death on both counts. The appeal is based on 15 assignments of error, all of which are dismissed by the Supreme Court as not meriting reversal. State v. Clark Permalink
No right to resist unlawful frisk [crim]
The defendant was stopped for possible curfew violation and when officers attempted to frisk him, he struck officer. In subsequent search, crack cocaine was discovered hidden in a cigarette pack. Conviction was reversed on appeal on grounds there is a right to resist an unlawful arrest. Action: reversed and conviction reinstated. There is no right to resist an unlawful stop and frisk. Extending rule that an unlawful arrest can be resisted to unlawful stop and frisk can be resisted would endanger safety of police officers. One dissent. State v. Sims Permalink June 21, 2003
Fabrication of judgments results in disbarment [disc]
Attorney permanently disbarred for: 1) agreeing to revise a will and then failing not only to prepare the new will, but also to return the original will after the death of his client; 2) agreeing to handle a succession while under suspension and then fabricating a false judgment of possession rather than actually filing the succession; 3) agreeing to handle another succession and then fabricating a judgment of possession and not informing his client that he had been suspended; 4) refusing to cooperate or even respond to the complaints and letters from the Office of Disciplinary Counsel. The fabricated judgments had erroneous case numbers and fabricated court seals and judge's signatures. Action: the respondent's actions "convincingly demonstrate he does not possess the requisite moral fitness to practice law in this state." In Re Aylmer M. Wyche, III Permalink
Oral sexual battery is responsive verdict to aggravated oral sexual battery [crim]
The First Circuit is reversed in a responsive verdict case that is admittedly "academic." The conviction of the defendant was reversed on the grounds that oral sexual battery is not a lesser and included offense of aggravated oral sexual battery. Since the statutes involving sexual battery were amended after the defendant's arrest to remove a spousal exception, the argued distinction between the statutes no longer exists. Regardless, the First Circuit is reversed with a finding that the offense was properly responsive to the charged offense. State v. Amos Permalink June 20, 2003
Partial rehearing granted to clarify groundwater pollution issue [tort] [proc]
Shell Oil applied for a rehearing to resolve whether a preponderance of the evidence test had been properly applied. A jury award of $28 million had already been sustained as not manifestly erroneous. Shell's application was based on some of the expert testimony that discussed the possibility of groundwater pollution to the Chicot Aquifer. Action: partial rehearing granted for the limited purpose of clarifying that the decision was indeed based on a preponderance of the evidence that actual harm was suffered, not speculation that it may have happened. Corbello v. Iowa Production and Shell Oil Co. Permalink June 7, 2003
Divided court decides tobacco money cannot go to non-public schools
The trial court's decision that the use of public money from the tobacco settlement can only be used for "public" education is upheld by the Louisiana Supreme Court in a decision with three strong dissents. This was a direct appeal to the Supreme Court since the constitutionality of Article VII of the Louisiana Constitution was at issue. The tobacco settlement funded the Millennium Trust with a portion of the funds realized. Within the Millennium Fund, were other funds including the Education Excellence Fund, which was the object of this litigation. The Legislature enacted a supplemental appropriations bill that earmarked a portion of the Fund to private schools. In response, the East Baton Rouge School Board and others sued to enjoin any distributions to private schools. Action: the Supreme Court ruled that the issue was a narrow one and that the legislation was contrary to the provisions of the Louisiana Constitution. The dissents pointed out that the intent of Article VII when passed by the voters was better carried out by the legislation because of unforeseen circumstances in the way the fund was structured. The intent was clearly to benefit private schools as well as public schools. East Baton Rouge Parish School Board v. Murphy J. "Mike" Foster, Jr. Permalink |
