Justia Constitutional Law Opinion Summaries

The Supreme Court granted a writ application to determine whether a school board had tort liability for expelling a high school student after a fifth-sized bottle of whiskey fell from the student's backpack and broke on the classroom floor. The student claimed he was denied due process in the disciplinary proceedings that resulted in his expulsion. The district court agreed and awarded the student $50,000. Upon review of the trial court record, the Supreme Court found that the student presented no evidence whatsoever of being denied due process at the school board hearing. Finding the student failed to carry his burden of proof to show a denial of due process by the school board, the Court reversed the judgment of the district court.

In 2006, a Morehouse Parish grand jury indicted Defendant Lee Roy Odenbaugh, Jr., for the 2006 first degree murders of Jessie Mae Porter and Sondra Porter Odenbaugh and attempted first degree murder of Jessica Cooper. After the penalty phase, the jury unanimously recommended a sentence of death for each first degree murder count, finding Defendant knowingly created a risk of death or great bodily harm to more than one person. Defendant appealed his conviction and death sentence on the basis of thirty-six assignments of error. After careful review of all of Defendant's arguments on appeal, the Supreme Court affirmed his conviction and death sentence.

Defendant Michael Anthony Wright was convicted by a jury of aggravated incest and sentenced to eighteen years imprisonment at hard labor. Finding the trial court erred in admitting certain evidence which was inadmissible pursuant to Louisiana Code of Evidence article 412.2, and in denying the Defendant's related motions for mistrial, the court of appeal reversed the conviction, vacated the sentence and remanded the matter for a new trial. The Supreme Court granted the State's writ application to review the correctness of the court of appeal's decision. Upon review, the Court vacated the decision of the court of appeal, and remanded the case for further proceedings, finding no abuse of discretion in the trial court's decision to allow evidence of the alleged victim's age to be submitted to the jury. Because the court of appeal found the admission of other crimes evidence constituted reversible error, it did not address defendant’s remaining assignment of error.

In 2006, Defendant Felton Dorsey and Randy Wilson were indicted by a Caddo Parish grand jury for the first degree murder of Joe Prock and attempted first degree murder of Bobbie Prock. The state subsequently dismissed the latter charge against both by amendment. A few months later, the State gave notice of its intention to seek the death penalty at Defendant's trial, alleging five aggravating factors. In 2009, the State filed an amended notice of intent to seek the death penalty, reducing the alleged aggravating factors to: (1) Defendant was engaged in the perpetration or attempted perpetration of aggravated rape, aggravated kidnapping, aggravated burglary, aggravated arson, aggravated escape, armed robbery or simple robbery; (2) Defendant knowingly created a risk of death or bodily harm to more than one person; and (3) Defendant offered, has been offered, has given, or has received anything of value for the commission of the offense. In his appeal, Defendant asserted twenty-six assignments of error from trial. After a thorough review of the law and evidence, the Supreme Court found none of the assignments of error constituted reversible error and therefore, the Court affirmed Defendant's conviction and sentence.

Defendant Todd Jones made a graphic sexual request of a teenage boy. The issue before the Supreme Court was whether Defendantâs conduct was sufficient to constitute attempted indecent behavior with a juvenile. After reviewing the record and the applicable law, the Court found that in the specific context of this crime, the request was an "act" committed "for the purpose of and tending directly toward the accomplishing of his object" such that the attempt statute, La. R.S. 14:27, is satisfied. Therefore, the Court reversed the judgment of the appellate court and reinstated the jury verdict finding Defendant guilty of attempted indecent behavior with a juvenile.

A New Orleans bank robbery in 1984 ended with the death of a Tangipahoa Parish Sheriff's deputy. A unanimous jury found Defendant Thomas Sparks, Jr. guilty of first-degree murder in the deputy's death. At the penalty phase of the trial, the jury unanimously returned a death sentence. Defendant raised twenty-three assignments of error on appeal. After a thorough review of the law and evidence, the Supreme Court affirmed Defendant's murder conviction, and conditionally affirmed the imposition of the death sentence. The Court remanded the case to the district court for an evidentiary hearing on whether Defendant received effective assistance of counsel at the penalty phase of his trial.