Legal Opinion
Does v. Foti
Supreme Court of Louisiana
Decided July 1, 2009No. Nos. 2007-KK-1853, 2007-KK-1870, 2008-CC-1066PublishedCited by 1 opinion
1Opinion of the Court
KIMBALL, Chief Justice.*
|2The matters of 2007-KK-1853 and 2007-KK-1870 involve the issue of whether the Orleans Parish Criminal District Court properly ordered the return of documents and copies thereof that were produced pursuant to a subpoena duces tecum pursuant to La. R.S. 15:41. For the reasons that follow, we find that because documents and copies of documents produced pursuant to a subpoena duces tecum are not “property seized” within the meaning of La. R.S. 15:41, the district court was without authority to order their return under the provisions of that statute.
The matter of…
Also in this document: Concurring in part, dissenting in part.
2Cases cited30 opinions
- Allen v. WrightSupreme Court of the United States · 1984
- Flast v. CohenSupreme Court of the United States · 1968
- Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
- United States v. DionisioSupreme Court of the United States · 1973
- Hale v. HenkelSupreme Court of the United States · 1906
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3Cited by1 opinion
- In Re Matter Under InvestigationSupreme Court of Louisiana · 2009