Justia Constitutional Law Opinion Summaries

In a direct appeal, the State appealed a judgment that declared La. R.S. 14:95.1 as unconstitutional. 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 statute violated article I, section 11 of the Louisiana Constitution. After reviewing the defendant's claim, and taking into account his status as a probationer at the time of his arrest for the instant offense, the Supreme Court reversed the district court's judgment. View "Louisiana v. Draughter" on Justia Law

Defendant Brandon Smith appealed his conviction and sentence for distribution of cocaine. He argued that the evidence presented against him at trial was insufficient to support his conviction. The appellate court agreed and reversed the conviction. However, after its review, the Supreme Court concluded that the appellate court erred, and reinstated defendant's conviction and sentence. View "Louisiana v. Smith" on Justia Law

Benjamin and Keri Fidelak filed a petition for damages in Caddo Parish district court (a court of proper venue) against Foreign & Classic Auto Centre, Inc., a small, independent repair shop in Shreveport, which specialized in the repair of high end foreign automobiles. The Fidelaks claimed that Foreign & Classic sold them a defective engine for their 2004 Land Rover. In response, Foreign & Classic raised numerous defenses and asserted a third party demand against British Parts International (BPI) for reimbursement and indemnification because BPI sold the engine to Foreign & Classic. BPI is headquartered in Houston, Texas, and conducts business nationwide. The issue before the Supreme Court in this matter centered on the enforceability of a forum selection clause. After reviewing the record and the applicable law, the Court reversed the judgments of the lower courts and held that the forum selection clause at issue here was not enforceable because a third party defendant may not object to venue where the principal action has been instituted in the proper venue. View "Fidelak v. Holmes European Motors, LLC" on Justia Law

The issue before the Supreme Court in this case centered on whether "Miller v. Alabama," (567 U.S. __ (2012)) applied retroactively in state collateral proceedings. Defendant Darryl Tate, whose mandatory life-without-parole sentence for a second-degree murder he committed as a juvenile became final in 1984, filed a motion seeking resentencing in light of Miller. The District Court denied his motion, but the Court of Appeal granted writs, remanding the matter for a sentencing hearing. The Louisiana Supreme Court granted writs to address the retroactivity of Miller to those juvenile homicide convictions final at the time Miller was rendered. Upon review, the Louisiana Court found Miller did not apply retroactively in cases on collateral review as it merely set forth a new rule of criminal constitutional procedure, which is neither substantive nor implicative of the fundamental fairness and accuracy of criminal proceedings. Therefore, the Court reversed the judgment of the Court of Appeal and reinstated the judgment of the District Court. View "Louisiana v. Tate" on Justia Law

Louisiana Machinery Company, L.L.C. and Louisiana Machinery Rentals, L.L.C., Louisiana's exclusive Caterpillar franchise dealers, sold, leased, and/or repaired Caterpillar equipment and machinery in parishes throughout the state. Following an audit, the taxing authorities from numerous parishes began tax collection proceedings against the companies, alleging they incorrectly failed to charge and collect sales and use taxes from their customers on their taxable sales, leases, and/or repairs for certain tax periods, and that the companies were liable for these taxes, penalties, and interest under the provisions of the Uniform Local Sales Tax Code (ULSTC). The tax collector for Catahoula Parish obtained partial summary judgments at district court, declaring that the tax assessments it issued to the companies were final, and the executory judgments issued by the court and could not be challenged. The companies appealed to the Third Circuit, which reversed the grants of partial summary judgment based on deficiency of the notices of assessment and the lack of sufficient evidence to support the judgments. The tax collector applied for supervisory review to the State Supreme Court. Upon review, the Supreme Court found the court of appeal properly reversed the district court's grants of partial summary judgment, and remanded the cases back to the district court for further proceedings. View "Catahoula Parish Sch. Bd. v. Louisiana Machinery Rentals, LLC" on Justia Law

Plaintiffs are producers of rice in Louisiana. In 1972, the Legislature enacted La. R.S. 3:3531, et seq. and La. R.S. 3:3541, et seq. which established the Louisiana Rice Promotion Board and the Louisiana Rice Research Board ("the Rice Boards"), to promote the growth and development of the rice industry in Louisiana. The Rice Statutes were amended in 1992 to provide that a refund is not available if the voting majority of rice producers vote to abolish the statutory refund provisions. Since the Rice Statutes went into effect, rice producers voting in the periodic referendums have approved the levy of an assessment. The refund provisions were abolished in the 1992 referendum. Plaintiffs, approximately forty rice producers, filed suit against the Louisiana Department of Agriculture and Forestry (LDAF) and the Rice Boards, challenging the constitutionality of the Rice Statutes both on their face and as applied, as an improper delegation of legislative authority. Plaintiffs argued the Rice Statutes permit a small group of private citizens to determine by majority vote whether the LDAF shall enforce and collect statutory assessments on rice, and whether the refund provisions will be abolished. The district court granted plaintiffs' motion for summary judgment in part, declaring those sections of the Rice Statutes relative to abolishment of the refunds unconstitutional. The LDAF, State and the Rice Boards directly appealed to the Supreme Court. Upon careful consideration, the Supreme Court concluded La. R.S. 3:3534 and La. R.S. 3:3544 were facially unconstitutional. The Legislature improperly transferred its assessment power to a particular group of private voters who could impose, maintain or revoke the assessment and right to refunds through private elections. Thus, the Court affirmed and amended the district court's judgment to declare La. R.S. 3:3534 and La. R4. S. 3:354 unconstitutional in their entirety. View "Krielow v. Louisiana Dept. of Agriculture & Forestry" on Justia Law

On May 8, 2012, defendant Rosa Lugo Marquez was charged by bill of information with being an alien student and/or a nonresident alien who operated a motor vehicle in the parish of Lafayette without documentation demonstrating that she was lawfully present in the United States. The Supreme Court granted certiorari in this case to determine whether La. R.S. 14:100.13 (which punished 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), was preempted by federal law under the Supreme Court's recent decision in "Arizona v. United States," (132 S.Ct. 2492 (2012)). Finding that the statute operated in the field of alien registration and was, therefore, preempted by federal law under the Supremacy Clause of the U.S. Constitution as interpreted by the Supreme Court in "Arizona," the Louisiana Supreme Court reversed the rulings of the lower courts and rendered judgment granting defendant's motion to quash. View "Louisiana v. Marquez" on Justia Law

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, that respondent had repeatedly abused her sexually over the course of the several years she lived in the home with the permission of her legal guardian, Paula Martinez, Gayle Ardoin's sister. The record reflected that another individual may have been responsible for C.C.'s injury, and that as the girl grew older, her allegations of abuse may have been couched as resentment toward new rules of the household. The Supreme Court granted the state's application to review the decision of the district court to provide respondent with post-conviction relief from his conviction and sentence. Upon careful consideration of the facts of this case, the Supreme Court vacated the district court's decision and reinstated respondent's conviction and sentence. View "Louisiana v. Pierre" on Justia Law

On August 2, 2012, defendant Bonifacio Ramirez was arrested during a traffic stop in for operating a motor vehicle without documentation demonstrating that he was lawfully present in the United States. The Supreme Court granted certiorari in this case to determine whether La. R.S. 14:100.13 (which punished 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), was preempted by federal law under the Supreme Court's recent decision in "Arizona v. United States," (132 S.Ct. 2492 (2012)). Finding that the statute operated in the field of alien registration and was, therefore, preempted by federal law under the Supremacy Clause of the U.S. Constitution as interpreted by the Supreme Court in "Arizona," the Louisiana Supreme Court reversed the rulings of the lower courts and rendered judgment granting defendant's motion to quash. View "Louisiana v. Ramirez" on Justia Law

In response to the terrorist attacks of September 11, 2001, the Louisiana legislature enacted a series of laws titled "Prevention of Terrorism on the Highways." One of the statutes proscribes the operation of a motor vehicle by an alien student or nonresident alien who does not possess documentation demonstrating lawful presence in the United States. Violation is a felony that carried a fine of not more than $1,000 and/or imprisonment for not more than one year, with or without hard labor. Following a nolo contendere plea to the charge of violating La. R.S. 14:100.13, in which he reserved the right to appeal a claim that the statute was preempted by federal law, defendant appealed his conviction to the Court of Appeal. The appellate court reversed defendant's conviction and sentence, holding that La. R.S. 14:100.13 was indeed preempted. After review of the relevant law, the Supreme Court found that based on "Arizona v. United States," (132 S.Ct. 2492 (2012)), La. R.S. 14:100.13 was preempted by federal law under the Supremacy Clause of the U.S. Constitution. Accordingly, the Court affirmed the court of appeal. View "Louisiana v. Sarrabea" on Justia Law