VICTORY , J. Following defendant's second degree murder trial and his conviction and sentence for the lesser verdict of manslaughter, the Fourth Circuit Court of Appeal vacated defendant's conviction and sentence upon finding that the prosecutor's use of defendant's post-arrest silence, in violation of Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240, 49 L.Ed.2d 91 (1976), was not harmless because it undercut his plausible self-defense claim. We granted the State's writ application, and,...
JOHNSON , Chief Justice . We granted this writ application to determine whether the charges against a juvenile must be dismissed where an adjudication hearing was not commenced within ninety days of an answer hearing pursuant to Article 877 of the Louisiana Children's Code. The state argues the ninety-day period is suspended when it enters a nolle prosequi of the original charges and refiles the charges against the juvenile, since the ninety-day period begins to run only when the...
GUIDRY , Justice . The Louisiana Constitution of 1974 provides for the waiver of sovereign immunity from suits in contract or tort against the state, a state agency, or a political subdivision. La. Const. art. XII, Sect. 10(A). In all "other suits against the state, a state agency, or a political subdivision," the legislature "may authorize" such suits by a "measure ... waiv[ing] immunity from suit and liability." La. Const. art. XII, Sect. 10(B). Following Hurricane Katrina, the defendant...
GUIDRY , Justice . We granted the writ application to determine whether the plaintiff's claim for punitive and exemplary damages is barred by res judicata and, if so, whether "exceptional circumstances" exist to justify not applying res judicata to bar the claim, as set forth in La.Rev.Stat. 13:4232(A). Although the court of appeal cited "exceptional circumstances" to justify relief from the res judicata effect of the jury's verdict on the issue of punitive damages, we find no such "...
ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM . This disciplinary matter arises from formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Madro Bandaries, 1 an attorney licensed to practice law in Louisiana. UNDERLYING FACTS On February 3, 2009, respondent and Joanna Cassidy entered into a "Legal Engagement and Retainer Agreement," which purported to be an agreement for the representation of Ms. Cassidy in certain legal and business matters. The retainer...
VICTORY , J. This class action arises out of the termination of approximately 7,600 former teachers and other permanent employees of the Orleans Parish School Board (the "OPSB") as a result of Hurricane Katrina and the State of Louisiana's subsequent takeover of Orleans Parish schools. Although the district court denied defendants' exceptions of res judicata, a five judge panel of the court of appeal unanimously found that res judicata ordinarily would apply to the facts of this...
KNOLL, Justice. This case concerns the State's sovereign immunity from suit based on a federal cause of action. A claim for damages was filed against the Board of Supervisors of LSU Agricultural and Mechanical College, Etc. (State) pursuant to the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq. (FMLA). Plaintiff, Cynthia Holliday, alleges she was unlawfully terminated from her employment with the State while on leave in 2009, in violation of the FMLA's "self-care" provision,...
HUGHES , J. This writ presents the issue of whether a building contractor breached any legal duty owed to a pedestrian crossing a street next to the contractor's dumpster, who was struck by an oncoming bicyclist. After a thorough review of the record presented, we conclude that the dumpster was obvious and apparent, and not unreasonably dangerous; thus, there was no duty to warn of the clearly visible obstruction, and the district court erred in failing to grant summary judgment dismissing...
VICTORY , J. This case comes to us on direct appeal pursuant to La. Const. art. V, 5(D) 1 upon a finding by the district court that House Bill 974 of the 2012 Regular Session of the Louisiana Legislature, which was enacted as Act 1 of 2012 ("Act 1"), violates the single object requirement for legislative bills as provided for in La. Const. art. III, 15(A). Upon review, we find that Act 1 does not violate the single object requirement of La. Const. art. III, 15(A). FACTS AND...
WEIMER , Justice . This matter involves a breach of contract claim by a head football coach who was relieved of his head coaching responsibilities at a state university, yet was paid the full contractual amount plus benefits. Defendants seek review of the court of appeal's determination that the coach's contract had been terminated, which triggered the contractual obligation to provide notice. Interpreting the contract in its entirety, we find that the appellate court erred in finding that...
HUGHES, J. This writ presents the issue of whether a motorcycle accident victim, ostensibly insured under the provisions of the motorcycle co-owner's uninsured/underinsured motorist (UM) automobile insurance policy, was entitled to UM coverage under the policy even though there was no coverage for the accident under the policy's liability provisions. Finding the insurer failed to demonstrate a lack of UM coverage, we conclude the district court erred in granting summary judgment dismissing the...
ON APPLICATION FOR ADMISSION TO THE BAR PER CURIAM. The Committee on Bar Admissions ("Committee") opposed petitioner's application to sit for the Louisiana Bar Examination based on character and fitness concerns relating to his failure to disclose a DWI arrest on his law school application. We subsequently granted petitioner permission to sit for the bar exam, with the condition that upon his successful completion of the exam, he apply to the court for the appointment of a commissioner to...
ON APPLICATION FOR ADMISSION TO THE BAR PER CURIAM. Petitioner successfully passed the essay portion of the Louisiana Bar Examination. However, the Committee on Bar Admissions ("Committee") advised petitioner that it was unable to certify him for admission to the bar on character and fitness grounds relating to his prior criminal history and his failure to fully and accurately disclose his criminal history on both his law school application and his bar application. Petitioner then applied to...
ON APPLICATION FOR ADMISSION TO THE BAR PER CURIAM. The Committee on Bar Admissions ("Committee") opposed petitioner's application to sit for the Louisiana Bar Examination based on character and fitness concerns relating to his prior criminal history and his military disciplinary history. In addition, the Committee cited a finding by the Texas Board of Bar Examiners that petitioner had failed to fully and accurately disclose his criminal and military disciplinary history on his law school...
CLARK , Justice . After conviction, the defendant moved for a new trial on the basis of newly discovered evidence. The state challenged the claim presented on both procedural and substantive grounds. No evidence was submitted at the hearing on the motion. Nevertheless, the trial court granted the defendant a new trial on the grounds that the verdict was contrary to the law and evidence and the ends of justice would be served by ordering a new trial. In a split-panel decision, the court of...
KNOLL, J. This case concerns whether defendant, Paul Massey, is eligible to receive "good time" credits when the law changed after the offenses were committed, eliminating Massey's eligibility to earn early release. In 2006, the Legislature amended the statute that gave inmates the capacity to earn early release from their prison sentence — "good time" credits — in exchange for good behavior and the performance of work or self-improvement activities. This amendment significantly narrowed the...
WEIMER , Justice . We granted a writ to review the correctness of the lower courts' interpretation of portions of a written mineral agreement. The agreement was prepared by a mineral leaseholder and ostensibly conveyed to an exploration company an "exclusive option to sublease" at least 15 percent of the leaseholder's mineral rights. The lower courts interpreted the agreement as imposing an obligation on the exploration company to execute the sublease rather than simply allowing the...
WEIMER, Justice. 1 A property owner/lessor filed suit against the City of Marksville seeking to recover damages for the City's denial of a retail alcoholic beverage permit to the lessee of its property. We granted certiorari to review the correctness of the judgment finding liability on the part of the City and awarding damages. In particular, we consider the City's contention that an error occurred in denying its peremptory exception of no cause of action. Finding merit in the City's claim...
PER CURIAM. This writ concerns whether defendant, Joseph Perkins, is entitled to jury instructions on self-defense and justification for the charged offense of possession of a "shank" by a convicted felon, a violation of Louisiana Revised Statute 14:95.1, while he was incarcerated in Orleans Parish Prison. 1 Prior to instructing the jury on the relevant law, the District Court denied the defendant's motion for these special self-defense and justification instructions on the grounds the...
KNOLL , J. This case requires us to determine whether the District Court's failure to observe the strictures of a rule jurisprudentially created by the Fourth Circuit in State v. Knighten, 609 So.2d 950 (La.App. 4 Cir.1992), constitutes a violation of the defendant's equal protection and due process rights under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), requiring a reversal of the jury's guilty verdict. Following voir dire, defendant raised Batson...
