CLARK, Justice. In this direct appeal, the state challenges a judgment issued by an Orleans Parish Criminal District Court judge that declared unconstitutional La. R.S. 14:95.1. This criminal statute prohibits certain felons from possessing a firearm for a number of years after their conviction. In connection with a motion to quash the bill of information filed by the defendant in this case, the district court found the provisions of the criminal statute violate article I, section 11 of the...
KNOLL, Justice. * This litigation over defects in a home concerns the statute of limitations for damages caused by water intrusion into a house, which calls into question what constitutes major structural defects as defined in the New Home Warranty Act ("NHWA"). In addressing this issue we must determine whether the defects in the load-bearing walls were a result of "any defect" due to noncompliance with the buildings standards, subject to a one year peremptive period, or whether they...
PER CURIAM. We granted the state's application to consider the First Circuit's split-panel decision reversing defendant's conviction and habitual offender sentence for the creation or operation of a clandestine methamphetamine laboratory in violation of La.R.S. 40:983. State v. Duhe, 12-0172 (La.App. 1 Cir. 11/8/12), 2012 WL 5462757 (McClendon, J., dissenting without written reasons) (unpub'd). For the reasons that follow, the court of appeal's decision is reversed and defendant's conviction...
PER CURIAM. We granted the state's application to review the split-panel decision of the Fourth Circuit reversing defendant's conviction and sentence for distribution of cocaine in violation of La.R.S. 40:967(A)(1) on grounds of insufficient evidence. State v. Smith, 11-1669 (La.App. 4 Cir. 10/3/12), 101 So.3d 524 (Lombard, J., dissenting). For reasons that follow, we reinstate defendant's conviction and sentence. The circumstances leading to defendant's prosecution on a single count of...
PER CURIAM. After considering the record, the applicable law, and the oral argument before the Court, we have determined that the writ application was improvidently granted. Therefore, we recall the Order dated May 17, 2013, granting the writ application. The writ application is hereby denied WRIT GRANT RECALLED; WRIT DENIED. KNOLL, Justice, dissents and assigns reasons. WEIMER, Justice, dissents and assigns reasons. KNOLL, J, dissenting. I respectfully dissent from the majority's recall...
WEIMER, Justice. We granted certiorari in this case to determine whether La. R.S. 14:100.13, which punishes as a felony the operation of a motor vehicle by an alien student or nonresident alien without documentation demonstrating lawful presence in the United States, is preempted by federal law under the Supreme Court's recent decision in Arizona v. United States, ___ U.S. ___, 132 S.Ct. 2492 , 183 L.Ed.2d 351 (2012). Finding that the statute operates in the field of alien registration and...
WEIMER, Justice. We granted certiorari in this case to determine whether La. R.S. 14:100.13, which punishes as a felony the operation of a motor vehicle by an alien student or nonresident alien without documentation demonstrating lawful presence in the United States, is preempted by federal law under the Supreme Court's recent decision in Arizona v. United States, ___ U.S. ___, 132 S.Ct. 2492 , 183 L.Ed.2d 351 (2012). Finding that the statute operates in the field of alien registration...
WEIMER, Justice. In response to the devastating terrorist attacks of September 11, 2001, the Louisiana legislature enacted a series of laws under the title "Prevention of Terrorism on the Highways." 2002 La. Acts, 1st Ex.Sess. 46, 1. Among other stated aims, the purpose of the enactment was "to make operating a motor vehicle in this state when not lawfully present in the United States a crime." La. R.S. 14:100.11(B). To that end, La. R.S. 14:100.13 was passed. The statute proscribes the...
JOHNSON, Chief Justice. This case is before us on direct appeal from a judgment of the district court declaring La. R.S. 3:3534(G)(2), (3) and La. R.S. 3:3544(E)(2), (3) unconstitutional. 1 For the following reasons, we amend and affirm the ruling of the district court. FACTS AND PROCEDURAL HISTORY Plaintiffs are producers of rice in Louisiana. In 1972, the Louisiana Legislature enacted La. R.S. 3:3531 et seq. and La. R.S. 3:3541, et seq. This statutory scheme established the Louisiana...
HUGHES, J. We granted certiorari in this case to review an appellate court reversal of a district court ruling that the defendants, a medical diagnostic monitoring company and its employee/physician, were not "qualified health care providers" ("QHCPs") under the Louisiana Medical Malpractice Act, LSA-R.S. 40:1299.41 et seq. ("MMA"), for purposes of alleged acts of medical malpractice. For the reasons that follow, we reverse the appellate court, reinstate the district court judgment, and remand....
PER CURIAM. We granted the state's application to review the decision of the district court providing respondent with post-conviction relief from his conviction and sentence for aggravated rape in violation of La.R.S. 14:42. For the reasons that follow, the judgment below is vacated and respondent's conviction and sentence are reinstated. The state charged respondent with aggravated rape on the basis of allegations made by C.C., the granddaughter of Gayle Ardoin, respondent's live-in partner,...
PER CURIAM. This writ application was granted to determine a single issue. A thorough review of the record and arguments reveals that issue is not properly before this court. Accordingly, we recall this writ application. WRIT GRANT RECALLED; WRIT DENIED. WEIMER, Justice, dissents and assigns reasons. WEIMER, J, dissents. I respectfully dissent from the majority's decision to recall the writ. Having granted the writ, I would resolve this case on the merits based on the issues and the...
GUIDRY, J. * We granted this writ application to review whether the trial court erred in granting defendant's application for post-conviction relief on grounds trial counsel rendered ineffective assistance. Finding defendant, Anthony Thomas, did not satisfy the standard for ineffective assistance of counsel set forth by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), we reverse. FACTS AND PROCEDURAL HISTORY In early 1998,...
GUIDRY, Justice. The district court declared that Act No. 483 of the 2012 Regular Session of the Louisiana Legislature was enacted in violation of the constitutional requirements found in Article X, Section 29(F) of the Louisiana Constitution. The defendants appealed directly to this court pursuant to Article V, Section 5(D) of the Constitution. We granted the defendants' request for expedited consideration pursuant to La. Sup.Ct. Rule VI, 4, docketed the case for briefing and oral...
VICTORY, J. We granted this writ application to resolve a split in the courts of appeal regarding whether the fourth category of the doctrine of contra non valentem, i.e., the discovery rule, is applicable to suspend prescription of a conversion claim against a payor under La. R.S. 10:3-420(f). After reviewing the record and the applicable law, we find that the discovery rule cannot suspend the one-year prescriptive period of La. R.S. 10:3-420(f). Therefore, we affirm the judgment of the...
ON APPLICATION FOR ADMISSION TO THE BAR PER CURIAM. The Committee on Bar Admissions ("Committee") opposed the application of petitioner, Subia Ekram, now known as Subia Ekram Weber, to sit for the Louisiana Bar Examination based on character and fitness concerns relating to (1) responses from her previous law firm employers indicating they would not rehire her or that they would not render any opinion concerning her character and fitness to practice law; (2) numerous traffic citations; and (3)...
PER CURIAM. The state has appealed for the second time from a ruling by the district court declaring La.R.S. 32:101(A)(1), which requires that a vehicle approaching and making a right hand turn do so "as close as practicable to the right-hand curb or edge of the roadway," unconstitutionally vague. In State v. Duheart, 12-0085 (La.10/26/12), ___ So.3d ___, 2012 WL 5275493, this Court held that the district court erred in sua sponte declaring this statute unconstitutional as a basis for...
WEIMER, Justice. At the outset, we note this court's limited role in this matter, which concerns educational funding and other legislative restrictions found in the Louisiana Constitution. As appropriately acknowledged by counsel at oral argument, we will not per se address the efficacy of the school voucher or similar educational programs, which are purportedly funded by two legislative instruments from the 2012 Regular Session of the Louisiana Legislature that have been challenged in...
VICTORY, J. * We granted this writ application to consider whether the United States Supreme Court's decision in Graham v. Florida, 560 U.S. 48, 130 S.Ct. 2011 , 176 L.Ed.2d 825 (2010), applies in a case in which the juvenile offender committed multiple offenses resulting in cumulative sentences matching or exceeding his life expectancy without the opportunity of securing early release from confinement. Having reviewed the record and the applicable law, we find Graham 's holding that the...
CLARK, Justice. This matter is before us pursuant to this court's appellate jurisdiction over cases in which a law or ordinance has been declared unconstitutional by the district court. La. Const. art. V, 5(D). The trial court granted the defendant's "Motion to Declare Constitutional Amendment Unconstitutional" on the basis that a provision of La. Const. art. I, 17(A), amended in 2010 and applicable here, violated the Sixth and Fourteenth Amendments of the United States Constitution. For...
