| CONSTITUTIONAL LAW
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| 1. | Court declares legislative continuances statute unconstitutional.
Theresa Fisher v. Steven Harter, Jr., 2024-CD-00359 (La. 10/25/2024) [29 pp.]
From LSCR Volume 32, Issue 10
Louisiana R.S. 13:4163 grants peremptory grounds to members of the legislature and
legislative employees to obtain continuances or extensions of court dates or d... view full summary |
| 2. | On rehearing, Court reverses course, vacates original opinion, holds that statute reviving prescribed claims for sexual abuse of minors does not violate constitution.
Douglas Bienvenu v. Defendant, 2023-CC-01194 (La. 06/12/2024) [26 pp.]
From LSCR Volume 32, Issue 6
In September 2018 plaintiffs filed suit against The Society of Roman Catholic Church, Diocese
of Lafayette, and St. Martin De Tours Catholic Church. Plaintiffs alleged,... view full summary |
| 3. | Court grants rehearing after holding that prescribed claims for sexual abuse of minors could not be revived.
Douglas Bienvenu v. Defendant, 2023-CC-01194 (La. 05/10/2024) [3 pp.]
From LSCR Volume 32, Issue 5
On March 22, 2024, the Court held in this matter that reviving prescribed claims for the
sexual abuse of minors would be unconstitutional. (See LSCR Vol.... view full summary |
| 4. | Reviving prescribed claims for sexual abuse of minors was unconstitutional.
Douglas Bienvenu v. Defendant, 2023-CC-01194 (La. 03/22/2024) [40 pp.]
From LSCR Volume 32, Issue 3 In September 2018 plaintiffs filed suit against The Society of Roman Catholic Church, Diocese
of Lafayette, and St. Martin De Tours Cat... view full summary |
| 5. | Phrase in Ethics Code prohibiting certain contracts was unconstitutionally vague.
The Cartesian Company, Inc. v. Division of Administration Law Ethics Adjudicatory Board Panel, 2023-CA-00398 (La. 10/20/2023) [34 pp.]
From LSCR Volume 31, Issue 10
The Lafayette Public Trust Financing Authority (LPTFA) administered the Section 8 Housing
Choice Voucher program in Lafayette and West Lafayette. Greg Gachassin was a t... view full summary |
| 6. | Governor's COVID-19 orders limiting gatherings were unconstitutional as applied to church pastor.
State v. Mark Anthony Spell, 2021-KK-00876 (La. 05/13/2022) [29 pp.]
From LSCR Volume 30, Issue 5
In this criminal case, defendant is the pastor of a Louisiana church. On March 31, 2020, he
received six misdemeanor citations for violating executive orders JBE 2020-3... view full summary |
| 7. | 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 |
| 8. | 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 |
| 9. | 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 |
| 10. | 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 |
| 11. | 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 |
| 12. | 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 |
| 13. | 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 |
| 14. | 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 |
| 15. | 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 |
| 16. | 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 |
| 17. | 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 |
| 18. | 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 |
| 19. | 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 |
| 20. | 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 |
| 21. | 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 |
| 22. | "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 |
| 23. | 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 |
| 24. | 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 |
| 25. | 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 |
| 26. | 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 |
| 27. | 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 |
| 28. | 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 |