Legal Opinion · Dissent

Larry F. Mitchell v. State of Louisiana, Department of Transportation and Development

Supreme Court of Louisiana

Decided January 25, 2017No. 2016-C -1097Published

1DissentWeimer, J.

It Like Justice Crichton’s view, and as a matter of prudent court practice, I disagree with recalling the writ. I have previously explained:

In the past, I have voted to recall writs, but I have come to the conclusion this is a poor practice. See State v. Crandell, 05-1060 (La. 3/10/06), 924 So.2d 122 (Weimer, J., dissenting: “[A]f-ter having granted the writ, the unique facts and circumstances of this case dictate that we should resolve this matter on the merits.”). As a more recent example of my view, see Davis v. Prescott, 13-0669 (La. 11/5/13), 130 So.3d 849, 851 (Weimer, J., dissenting:…

2Cases cited4 opinions

  1. State v. CrandellSupreme Court of Louisiana · 2006
  2. Jeremy George, Et Ux. v. Robbie Dugas, Et Ux.Supreme Court of Louisiana · 2016
  3. Davis v. PrescottSupreme Court of Louisiana · 2013
  4. Mitchell v. State, Department of Transportation & DevelopmentLouisiana Court of Appeal · 2016

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