Archive of LSCR Articles

Showing results for Category "CONSTITUTIONAL LAW"
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CONSTITUTIONAL LAW

1.Statute requiring sex offender to carry branded identification card violated First Amendment.
State v. Tazin Ardell Hill, 2020-KA-00323 (La. 10/20/2020) [30 pp.]
From LSCR Volume 28, Issue 10
     Among the comprehensive registration and notification requirements imposed on sex offenders in Louisiana is that they carry an identification card br... view full summary
2.New Orleans ordinance banning sale of art outside of limited French Quarter areas was unconstitutional.
City of New Orleans v. Lawrence Clark, 2017-KK-1453 (La. 09/07/18) [23 pp.]
From LSCR Volume 26, Issue 9
     In March 2016 defendant was issued a citation for displaying his art for sale on the neutral ground at Decatur Street and Esplanade Avenue in New Orleans in violation of M... view full summary
3.Constitutional amendment purporting to ban convicted felons from public office was null and void.
Derrick Shepherd v. Thomas Schedler, 2015-CA-1750 (La. 01/27/16) [34 pp.]
From LSCR Volume 24, Issue 1

          In 1997 Senator Max Malone introduced a bill seeking to add a paragraph to La. Const. art. I, Section 10 to prohibit unpardoned convic... view full summary
4.Act 1 of 2012, providing for teacher termination proceedings, not unconstitutional on its face.
Kasha Lapointe v. Vermillion Parish School Board, 2015-CA-0432 (La. 06/30/15) [19 pp.]
From LSCR Volume 23, Issue 7

          Plaintiff was employed as a public school teacher by the Vermillion Parish School Board. She received notice of a due pr... view full summary
5.Challenge to Louisiana laws prohibiting same-sex marriage moot in light of decision by U.S. Supreme Court and relief granted by federal court.
Angela Marie Costanza v. James Caldwell, 2014-CA-2090 (La. 07/07/15) [12 pp.]
From LSCR Volume 23, Issue 7

          Plaintiffs challenged the constitutionality of La. Const. Art. XII, Section 15; La. Civ. Code arts. 86, 89, and 3520(B); and Revenue... view full summary
6.Defendant failed to meet his burden of proving that zoning ordinance's definition of "family" was unconstitutional.
City of Baton Rouge v. Stephen C. Myers, 2013-CA-2011 (La. 05/07/13) [30 pp.]
From LSCR Volume 22, Issue 5

          The City of Baton Rouge/Parish of East Baton Rouge sought injunctive relief against defendant to compel him to cease his alleged viola... view full summary
7.Court's direct appellate jurisdiction under art. V, Section 5(D) requires declaration in judgment that law is unconstitutional.
State of Louisiana v. Lynn E. Foret, M.D., 2014-CA-0257 (La. 03/14/14) [2 pp.]
From LSCR Volume 22, Issue 3

          The State invoked the Court's appellate jurisdiction based on La. Const. art. V, Section 5(D), on the ground that the district court h... view full summary
8.First Amendment conduct not implicated by statute pertaining to unauthorized participation in medical assistance programs.
State v. Micah Smith, 2013-KA-2318 (La. 01/28/14) [13 pp.]
From LSCR Volume 22, Issue 1

          Based on various allegations of fraud and misconduct, defendant was excluded from participating in medical assistance programs through... view full summary
9.Constitutional challenge to Red Tape Reduction and Local Empowerment Waiver Program was premature.
Louisiana Federation of Teachers v. State of Louisiana, 2011-CA-2226 (La. 07/02/12) [19 pp.]
From LSCR Volume 20, Issue 7

          In 2010, the Louisiana Legislature enacted Act 749, called the "Red Tape Reduction and Local Empowerment Waiver Program," La. R.S... view full summary
10.Defendant lacked standing to challenge constitutionality of La. Code Crim. Proc. art. 404(B).
State v. Joshua Dion Williams, 2011-KA-0958 (La. 07/02/12) [21 pp.]
From LSCR Volume 20, Issue 7

          A 19th JDC grand jury indicted defendant for second degree murder after an eyewitness reported he had shot someone. Under La. Cod... view full summary
11.Use of prior misdemeanor conviction to enhance felony sentence does not violate right to jury trial.
State v. Tyrone Jefferson, 2008-KA-2204 (La. 12/01/09) [21 pp.]
From LSCR Volume 17, Issue 12
          Defendant Jefferson was charged by a bill of information with possession of marijuana, second offense, in violation of La.R.S. S 40:966(E)(2... view full summary
12.District court erred in ruling on constitutional issues.
Phillips v. Lafayette City-Parish Consol. Gov't, 2008-CA-0922 (La. 12/2/08) [13 pp.]
From LSCR Volume 16, Issue 12
          The Lafayette City-Parish Consolidated Government ("Lafayette") declared the presence of "junked or abandoned" motor vehicles to be a public... view full summary
13.Statute cutting off Katrina tort claims against government is unconstitutional.
Melvin J. Burmaster v. Plaquemines Parish Government, 07-CA-2432 (La. 5/21/08) [28 pp.]
From LSCR Volume 16, Issue 5
          Plaintiff Burmaster, a resident of Plaquemines Parish, suffered property damage from Hurricane Katrina. He filed suit against Plaquemines Pa... view full summary
14.Governor has the power to pardon the civil effects of foreign convictions.
Max Malone v. Joe Shyne, 2006-C- 2190 (La. 9/13/2006) [46 pp.]
From LSCR Volume 14, Issue 9
          Defendant Joe Shyne was convicted of a federal felony in 1994, when he pled guilty to the crime of extortion by a public official. He served... view full summary
15.Citizens have standing to restrain unlawful expenditures, no matter how small.
Eugene Ralph v. City of New Orleans, 06-C-0153 (La. 5/5/06) [4 pp.]
From LSCR Volume 14, Issue 5
          Plaintiffs appeal the sustaining of an exception of no cause or right of action. The City of New Orleans ("City") enacted local ordinances t... view full summary
16."Crime against nature" still enforceable against prostitutes; distinguishing Supreme Court jurisprudence.
State v. Thomas, 04-KA-0559 (La. 1/19/05) [11 pp.]
From LSCR Volume 13, Issue 2
          Defendant was charged with soliciting an undercover officer to engage in "unnatural oral copulation for compensation" in violation of La.R.S... view full summary
17.Men-only country club restaurant illegal; injunction issued; establishing controlling precedent.
Albright v. Southern Trace Country Club, 03-C-3413 (La. 7/6/04) [38 pp.]
From LSCR Volume 12, Issue 7
          This is the first time since the adoption of the Louisiana Constitution of 1974 that the Court has been called upon to determine the burden ... view full summary
18.Statutes providing for special Orleans grand jury proceedings an unconstitutional "local law."
State v. Dilosa, 2002-KA-2222 (La. 6/27/03) [7 pp.]
From LSCR Volume 11, Issue 8
          Defendants were indicted in 1999 in Orleans Parish of possession of heroin with intent to distribute. In 2001, they filed motions to quash t... view full summary
19.Municipality not entitled to equal protection of the laws.
Louisiana Assessor's Retirement Fund v. City of New Orleans, 02-CA-1435 (La. 2/7/03) [5 pp.]
From LSCR Volume 11, Issue 2
          Plaintiff Fund filed suit for damages against the City of New Orleans, the city's treasurer, and the city's collector of revenue ("City") to... view full summary
20.Ruling that a law is unconstitutional as applied may not be appealed directly to the Court.
State v. Fleming, 01-KA-2799 (La. 6/21/02) [6 pp.]
From LSCR Volume 10, Issue 7
Defendants moved to quash their indictment, arguing that La. Code Crim. P. art. 413(C), governing the selection of grand jurors in Orleans Parish, was unconstitutional, and that it constituted a loca... view full summary
21.No right to jury trial in juvenile delinquency cases.
State in the Interest of D.J., 01-KA-2149 (La. 5/14/02) [14 pp.]
From LSCR Volume 10, Issue 5
Juvenile defendant was charged with delinquency, specifically, attempted second-degree murder. Defendant moved for trial by jury. Defendant and amici curiae argued that La. Ch. Code arts. 808 and 882... view full summary
22.Lifetime fishing ban for commercial fisheries violations not unconstitutional.
State v. Weaver, et al., 01-KA-0467 (La. 1/15/02) [14 pp.]
From LSCR Volume 10, Issue 1
          Defendants were charged with commercial harvesting of mullet using more than one net, too large a net, and/or at a prohibited time, all in v... view full summary