Legal Opinion

State v. Kennedy

Louisiana Court of Appeal

Decided May 14, 2014No. 49,036-KAPublishedCited by 6 opinions

1Opinion of the CourtDrew, J.

h Shawn Fitzgerald Kennedy urges only one issue in this appeal. He attacks the constitutionality of La. R.S. 14:95.11 as being contrary to Const. Art. I, § 11, which was amended in 2012.2 Defendant’s challenge to the statute, however, is not properly before us.

The issue was not pled or litigated in the trial court, violating clear precedent. See State v. Hatton, 2007-2377 (La.7/1/08), 985 So.2d 709, and Vallo v. Gayle Oil Co., Inc., 94-1238 (La.11/30/94), 646 So.2d 859.3

In addition, the Louisiana Attorney General has never been served and has not yet participated in any way. See La. R.S.…

2Cases cited4 opinions

  1. Vallo v. Gayle Oil Co., Inc.Supreme Court of Louisiana · 1994
  2. State v. HattonSupreme Court of Louisiana · 2008
  3. State ex rel. D.W.Louisiana Court of Appeal · 2013
  4. State ex rel. D.W.Supreme Court of Louisiana · 2014

3Cited by6 opinions

  1. State v. SumlerLouisiana Court of Appeal · 2017
  2. State v. ShawLouisiana Court of Appeal · 2017
  3. State of Louisiana v. Morgan Gray McGoughLouisiana Court of Appeal · 2021
  4. State of Louisiana v. Willie Dewayne LynnLouisiana Court of Appeal · 2020
  5. State of Louisiana v. Zeke T. KelpeLouisiana Court of Appeal · 2020

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