Louisiana decriminalizes small amounts of cannabis
LPSO to increase patrol, conduct DWI and seat belt checkpoints for Independence Day holiday
www.houmatimes.com/news/lpso-to-increase-patrol- conduct-dwi-and-seat-belt-checkpoints-for-independence-day- holiday/
Louisiana's split-jury ban is retroactive under state law, Calcasieu Parish judge finds
Edwards releases statement following veto of concealed carry bill
US Court of Appeals for the Fifth Circuit Opinions
Colvin v. LeBlanc
Opinion Date: June 23, 2021
Judge: Jacques Loeb Wiener, Jr.
Areas of Law: Civil Rights, Constitutional Law, Criminal Law
Plaintiff appealed the dismissal of his 42 U.S.C. 1983 claims based on allegations that defendants illegally extradited him from Pennsylvania to Louisiana and impermissibly extended his state sentence by thirty years. Plaintiff's claims arose from a records clerk's reversion of his release date to the 2052 date, rather than the 2023 date, on the grounds that he had stopped serving his state sentence when he escaped from prison and that his state and federal sentences were intended to run consecutively. The Fifth Circuit affirmed the district court's dismissal of plaintiff's sentence-based claims, but reversed and remanded with respect to the extradition-based claims. The court held that Heck v. Humphrey, 512 U.S. 477 (1994), does not present a jurisdictional hurdle that would require a remand of this case to state court. The court explained that Heck implicates a plaintiff's ability to state a claim, not whether the court has jurisdiction over that claim. As to plaintiff's claim regarding his sentence enhancement, the court concluded that a claim for speedier release is actionable by writ of habeas corpus, and a section 1983 damages action predicated on the sentence calculation issue is barred by Heck because success on that claim would necessarily invalidate the duration of his incarceration. The court also concluded that the district court never analyzed whether plaintiff's extradition-based claims were barred by Heck, and the district court should have considered whether his extradition-based claims survived Heck in the first instance. Furthermore, the district court should consider the qualified immunity, absolute immunity, and limitations ruling issues on remand. The court vacated in part and remanded for further proceedings.
New Louisiana law will boost payment to wrongfully convicted
Retana v. Twitter, Inc.
Opinion Date: June 16, 2021
Judge: Jacques Loeb Wiener, Jr.
Areas of Law: International Law, Internet Law, Personal Injury
Internet services and social media providers may not be held secondarily liable under the Anti-Terrorism Act (ATA) for aiding and abetting a foreign terrorist organization—here, Hamas—based only on acts committed by a sole individual entirely within the United States. In July 2016, plaintiff and thirteen other police officers were shot and either injured or killed during a tragic mass-shooting committed by Micah Johnson in Dallas, Texas. Plaintiff and his husband filed suit against Twitter, Google, and Facebook, alleging that defendants are liable because they provided material support to Hamas, a foreign terrorist organization that used Internet services and social media platforms to radicalize Johnson to carry out the Dallas shooting. The Fifth Circuit held, based on plaintiffs' allegations, that the Dallas shooting was committed solely by Johnson, not by Hamas's use of defendants' Internet services and social media platforms to radicalize Johnson. Therefore, it was not an act of international terrorism committed, planned, or authorized by a foreign terrorist organization. The court also held that defendants did not knowingly and substantially assist Hamas in the Dallas shooting, again because the shooting was committed by Johnson alone and not by Hamas either alone or in conjunction with Johnson. Therefore, the district court was correct in concluding that defendants are not secondarily liable under the ATA. The court affirmed the district court's judgment.
Gov. Edwards Enacts Juneteenth Day as Legal State Holiday; All State Offices to Close this Friday for Half-Day
Cannabis in Louisiana
Louisiana Will Give Child Victims More Time to File Lawsuits
Borden v. United States
Court: US Supreme Court
Opinion Date: June 10, 2021
Judge: Elena Kagan
Areas of Law: Criminal Law
Borden pleaded guilty as a felon-in-possession. The prosecution sought an enhanced sentence under the Armed Career Criminal Act (ACCA), which mandates a 15-year minimum sentence for persons found guilty of illegally possessing a firearm who have three or more prior convictions for a “violent felony.” An offense qualifies as a violent felony under ACCA’s elements clause if it necessarily involves “the use, attempted use, or threatened use of physical force against the person of another,” 18 U.S.C. 924(e)(2)(B)(i). One of Borden’s three predicate convictions was for reckless aggravated assault in violation of Tennessee law. Borden argued that this offense was not a violent felony under ACCA’s elements clause because a mental state of recklessness suffices for conviction and only purposeful or knowing conduct satisfies the requirement of the use of force “against the person of another.” The Sixth Circuit affirmed his enhanced sentence. The Supreme Court reversed and remanded, with four Justices concluding that a criminal offense with a mens rea of recklessness does not qualify as a “violent felony” under ACCA’s elements clause. The Justices found that the narrow “category of violent, active crimes” is best understood to involve a purposeful or knowing mental state—a deliberate choice of wreaking harm on another, rather than mere indifference to risk. Classifying reckless crimes as “violent felonies” would also conflict with ACCA’s purpose of addressing the special danger created when a particular type of offender, a violent criminal, possesses a gun. The “against” clause is not window dressing: It is the “critical” text for deciding the level of mens rea needed.
Louisiana lawmakers vote to end jail time for marijuana use
Louisiana lawmakers pass bill ending jail time for marijuana
Davis v. Sumlin
Opinion Date: June 1, 2021
Judge: Andrew S. Oldham
Areas of Law: Criminal Law
The Fifth Circuit vacated the district court's denial of petitioner's habeas petition on the merits and concluded that petitioner failed to obtain permission from a three-judge panel of this court pursuant to 28 U.S.C. 2244(b)(3). Because petitioner never sought or obtained that permission, the district court had no jurisdiction to accept the second-or-successive petition—much less to consider the merits of it. Furthermore, the district court erred by deciding the petition on the merits. Even if the court previously authorized a successive application under section 2244(b), petitioner still could not appeal the district court's merits determination without a certificate of appealability (COA). In this case, petitioner is not entitled to a COA. Therefore, the court remanded with instructions to dismiss the petition for lack of jurisdiction and denied the COA application as moot.
Mandatory COVID Vaccines at LSU? Attorney General Says Not Legal
Louisiana Law Blog
Louisiana Law, News, Issues and Comments from Attorneys at the Shoultz Law Firm