Articles Posted in Louisiana Supreme Court

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In 2015, Derrick Shepherd filed a Petition for Declaratory Judgment and for Injunctive Relief. He filed a notice of candidacy qualifying form with the Jefferson Parish Clerk of Court’s office in which he certified that he would be a candidate for the office of State Representative for District 87 of the Louisiana House of Representatives in the primary election to be held on October 24, 2015. Shepherd's petition alleged that the District Attorney for the Twenty-Fourth Judicial District, filed a petition objecting to Shepherd's candidacy because Shepherd pled guilty to a felony in a United States District Court in 2008, and it had been less than fifteen years since he completed his sentence, circumstances which disqualified Shepherd from seeking office pursuant to La. Const. art. I, section 10(B). At the conclusion of an evidentiary hearing, the district court rendered judgment in Shepherd’s favor, declaring Article I, section 10(B) of the Constitution null and void for failure to comply with the requirements of Article XIII, section 1 of the Constitution for promulgation of amendments to the Constitution. After reviewing the record, the legislative instruments, and the constitutional provision at issue, the Louisiana Supreme Court agreed with the district court that the constitutionally mandated requirements for amending the constitution were not followed in this case. View "Shepherd v. Schedler" on Justia Law

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The Supreme Court granted certiorari to determine whether the State could directly enforce Article I, section 10 of the Louisiana Constitution to prevent a candidate from taking public office without regard to the Election Code's lime limits on challenges to candidacy. Answering in the affirmative, the Court reversed the appellate court's ruling and reinstated the trial court's ruling. View "Louisiana v. Gibson" on Justia Law

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The issue before the Supreme Court in this case concerned Defendants’ entitlement to trial by jury. Specifically, whether the Court’s holding in "Beauclaire v. Greenhouse" mandated that a resolution in accordance with La. R.S. 13:5015, waiving the prohibition against jury trials in suits against a political subdivision, must be passed by the political subdivision prior to a plaintiff filing suit for the political subdivision to be entitled to a trial by jury. Upon review of the applicable statutory and case law authority, the Supreme Court found that Defendants were entitled to trial by jury, and therefore reversed the rulings of the lower courts. View "Marcille v. Dauzat" on Justia Law