Legal Opinion · Dissent

Melancon v. McKeithen

District Court, E.D. Louisiana

Decided March 1, 1972No. Civ. A. 3390, 67-20, 68-2, 68-28, 68-110, 68-225, 70-1857 and 71-227Published

1DissentE. Gordon West, District Judge

These consolidated cases result from a unique provision of Louisiana law which gives appellate courts the right, in civil cases, of unlimited review of both question of fact and law.

Art. VII, § 10 of the Constitution of Louisiana provides, inter alia:

“The Supreme Court has • control of, and general supervisory jurisdiction over all inferior courts. * * * In civil case, its appellate jurisdiction extends to both the law and the facts. In criminal matters, its appellate jurisdiction extends to questions of law only.”

And Art. VII, § 29 of the Constitution of Louisiana provides that:

“All appeals…

2Cases cited6 opinions

  1. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  2. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
  3. Walker v. SauvinetSupreme Court of the United States · 1876
  4. Fortenberry v. ScoginLouisiana Court of Appeal · 1963
  5. Jones v. PereiraSupreme Court of Louisiana · 1858

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