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Former Louisiana Governor Edwin Edwards has died at 93
www.wafb.com/2021/07/12/former-la-governor-edwin-edwards-has-died-93/
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Gov. Edwards Signs Bill Allowing College Athletes to Earn Money off of Their Own Name, Image, or Likeness
www.houmatimes.com/sports/gov-edwards-signs-bill-allowing-college-athletes-to-earn-money-off-of-their-own-name-image-or-likeness/ McMillan v. Amazon.com Docket: 20-20108 Opinion Date: June 29, 2021 Judge: Don R. Willett Areas of Law: Products Liability The Fifth Circuit certified the following question to the Supreme Court of Texas: May Amazon be held liable as a "seller" under Texas products-liability law for third-party products sold on Amazon's website and handled through Amazon's Fulfillment by Amazon program? The Supreme Court of Texas has now answered the question, holding that "potentially liable sellers are limited to those who relinquished title to the product at some point in the distribution chain." Because third-party sellers do not relinquish their title to their products, "Amazon is not a 'seller'" of those "products under Texas law." Accordingly, the court reversed the district court's conclusion that Amazon is a "seller" under Texas law with instructions to grant Amazon's motion for summary judgment in full on remand. Read Opinion US Court of Appeals for the Fifth Circuit Opinions Boudreaux v. Louisiana State Bar Ass'n Docket: 20-30086 Opinion Date: July 2, 2021 Judge: Don R. Willett Areas of Law: Civil Rights, Constitutional Law, Legal Ethics Plaintiff filed suit challenging Louisiana law that forces lawyers to join and pay annual dues to the Louisiana State Bar Association (LSBA). Plaintiff contends that compelling dues and membership violates his First Amendment rights, and that LSBA's failure to ensure that his dues are not used to fund the Bar's political and ideological activities also violates his First Amendment rights. The Fifth Circuit reversed the district court's dismissal of plaintiff's claims. The court concluded that Lathrop v. Donahue, 367 U.S. 820 (1961), and Keller v. State Bar of California, 496 U.S. 1 (1990), foreclose plaintiff's challenge to mandatory membership in LSBA. In this case, plaintiff's claim presents the (previously) open free association question from Keller (which the court closed today in this circuit with the court's concurrently issued opinion in McDonald v. Longley, No. 20-50448, __ F.3d __ (5th Cir. 2021)). The court also concluded that the Tax Injunction Act does not preclude federal courts from exercising jurisdiction over plaintiff's challenge to mandatory dues. The court explained that the bar dues are a fee, not a tax, and thus dismissal under the Act was improper. Finally, the court concluded that plaintiff has standing to pursue his claim that LSBA does not employ adequate procedures to safeguard his dues. The court found that plaintiff has pleaded an injury-in-fact by alleging that LSBA does not regularly provide notice of its expenditures with sufficient specificity. Accordingly, the court remanded for further proceedings. Read Opinion Louisiana v. Burton
Docket: 2019-K-01079 Opinion Date: June 30, 2021 Judge: Per Curiam Areas of Law: Constitutional Law, Criminal Law Defendant Randall Burton was found guilty as charged of the second degree murder of Cody Fletcher. The trial court sentenced him to serve life imprisonment at hard labor without parole eligibility. The court of appeal affirmed. The Louisiana Supreme Court granted defendant’s application to examine whether the trial court erred in excluding evidence of the victim’s dangerous character, pursuant to La. C.E. art. 404(A)(2). This evidence was relevant to defendant’s claim that the homicide was justifiable, under La. R.S. 14:20(A). After examining the record, the arguments of the parties, and the jurisprudence, the Supreme Court found defendant was entitled to a new trial because the trial court erred when it excluded this evidence after defendant introduced appreciable evidence of an overt act or hostile demonstration by the victim. Accordingly, the Court vacated the sentence, set aside the conviction, and remanded for further proceedings. Read Opinion Calls for Louisiana's first veto override session grow over guns, roads, transgender athletes
www.theadvocate.com/baton_rouge/news/politics/legislature/article_b19a1fde-d921-11eb-a5e9-531a2a0f0d26.html 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
www.nola.com/news/courts/article_27c56cd2-d5f7-11eb-ab50-db20ee062f13.html Edwards releases statement following veto of concealed carry bill
www.houmatimes.com/news/edwards-releases-statement-following-veto-of-concealed-carry-bill/ US Court of Appeals for the Fifth Circuit Opinions Colvin v. LeBlanc Docket: 19-30888 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. Read Opinion New Louisiana law will boost payment to wrongfully convicted
www.brproud.com/news/new-louisiana-law-will-boost-payment-to-wrongfully-convicted/ Retana v. Twitter, Inc. Docket: 19-11389 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. Read Opinion Gov. Edwards Enacts Juneteenth Day as Legal State Holiday; All State Offices to Close this Friday for Half-Day
www.houmatimes.com/news/gov-edwards-enacts-juneteenth-day-as-legal-state-holiday-all-state-offices-to-close-this-friday-for-half-day/ Louisiana Will Give Child Victims More Time to File Lawsuits
www.usnews.com/news/best-states/louisiana/articles/2021-06-15/louisiana-will-give-child-victims-more-time-to-file-lawsuits Criminal Law Borden v. United States Court: US Supreme Court Docket: 19-5410 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. Read Opinion Louisiana lawmakers vote to end jail time for marijuana use
www.wbrz.com/news/louisiana-lawmakers-vote-to-end-jail-time-for-marijuana-use/ Louisiana lawmakers pass bill ending jail time for marijuana
www.knoe.com/2021/06/07/louisiana-lawmakers-pass-bill-ending-jail-time-marijuana/ Davis v. Sumlin Docket: 20-30010 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. Read Opinion Mandatory COVID Vaccines at LSU? Attorney General Says Not Legal
www.houmatimes.com/news/mandatory-covid-vaccines-at-lsu-attorney-general-says-not-legal/ Sports betting rules bill advances through House committee www.houmatimes.com/news/sports-betting-rules-bill-advances-through-house-committee/ Louisiana State Police releases all videos from Ronald Greene arrest
www.houmatimes.com/crime/louisiana-state-police-releases-all-videos-from-ronald-greene-arrest/ Louisiana Supreme Court Opinions
Comeaux v. Louisiana Tax Commission Docket: 2020-CA-01037 Opinion Date: May 20, 2021 Judge: Crichton Areas of Law: Constitutional Law, Government & Administrative Law, Real Estate & Property Law, Tax Law Taxpayers Kraig and Kelly Strenge appealed directly to the Louisiana Supreme Court a declaration by a district court that La. R.S. 47:1990 was unconstitutional, as applied. The district court’s ruling on partial summary judgment also held that the Louisiana Tax Commission (the “Commission”) exceeded its authority in promulgating Section 3103(Z) of Title 61, Part V of the Louisiana Administrative Code (the “Rules and Regulations”) and declared Section 3103(Z) unconstitutional. The underlying issue centered on the Taxpayers challenge to the correctness of the appraisal of their residential property in Lafayette Parish in 2016. After the Lafayette City-Parish Council (Board of Review) ruled in favor of the Assessor, Taxpayers appealed to the Commission. The Commission ruled that the fair market value of the property for tax year 2016 was $231,500, not $288,270 as determined by the Assessor, and ordered the Assessor to reduce Taxpayers’ 2016 assessment accordingly. Two days after the Commission’s oral ruling, the Assessor assessed the fair market value of Taxpayers’ property for the 2017 tax year again at $288,270. Taxpayers again appealed, and after a hearing, the Commission issued a “Rule to Show Cause” to the Assessor. That dispute went before the district court, and the court’s decision served as the grounds for this appeal. The Supreme Court found the district court erred in ruling the Commission exceeded its authority in promulgating Section 3103(Z) and declaring Section 3103(Z) unconstitutional but correctly declared La. R.S. 47:1990 unconstitutional, as applied. Accordingly, judgment was reversed in part and affirmed in part. Read Opinion US Court of Appeals for the Fifth Circuit Opinions Maniar v. Garland Docket: 18-60667 Opinion Date: May 20, 2021 Judge: James C. Ho Areas of Law: Criminal Law, Immigration Law The Fifth Circuit held that petitioner's conviction for conspiracy to commit money laundering plainly constitutes an aggravated felony under 8 U.S.C. 1101(a)(43)(D). Section 1101(a)(43)(D) defines "aggravated felony" to include those offenses that are "described in section 1956 of Title 18 (relating to laundering of monetary instruments) . . . if the amount of funds exceeded $10,000." The court concluded that this provision applies here because petitioner pleaded guilty to conspiracy to commit money laundering in violation of 18 U.S.C. 1956(h), and the funds involved well exceeded $10,000. The court need not decide petitioner's contention that section 1101(a)(43)(U) requires proof of an overt act in furtherance of the conspiracy. The court found petitioner's remaining contentions were either meritless or unexhausted. Accordingly, the court denied in part and dismissed in part his petition for review. Read Opinion |
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