State v. Smith
This text of 805 So. 2d 133 (State v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
ATTORNEY DISCIPLINARY PROCEEDINGS
The State of Louisiana invokes the appellate jurisdiction of this court pursuant to La. Const, art. V, § 5(D), on the ground that the district court declared La. R.S. 15:304 and 15:571.11 unconstitutional.
The district court’s judgment is based upon its interpretation of La. R.S. 15:304 and 15:571.11, but in the alternative, the district court declares the statutes unconstitutional. Having resolved the questions presented in this case on statutory-grounds, the district court was premature in reaching the issue of constitutionality and any further statements by the court concerning the constitutionality of the statutes are dicta. See Cat’s Meow, Inc. v. City of New Orleans, 98-601 (La.10/20/98), 720 So.2d 1186 (courts should refrain from deciding the constitutionality of legislation when the case can be disposed of on non-constitutional grounds).
Accordingly, the case is transferred to the court of appeal for consideration.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
805 So. 2d 133, 2002 WL 43743, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-la-2002.