Legal Opinion · Concurrence

In re Interdiction of Benson

Louisiana Court of Appeal

Decided February 24, 2016No. 2015-CA-0874Published

1ConcurrenceTobias, J.

hi respectfully concur. I write separately because my view of the law applicable to this case varies from that of the majority.

I start with La. C.C.P. art. 4547, which states:

An interdiction proceeding shall be heard summarily and by preference. The defendant has a right to be present at the hearing and the court shall not conduct the hearing in his absence, unless the court determines that good cause exists to do so. The defendant *962has the right to present evidence, to testify, to cross-examine witnesses, and to otherwise participate at the hearing. If the defendant is unable to come to the…

2Cases cited3 opinions

  1. In re D.C.M.Louisiana Court of Appeal · 2013
  2. D.M.S. v. I.D.S.Louisiana Court of Appeal · 2015
  3. Smith v. Pillow-SmithLouisiana Court of Appeal · 2010

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