Marcus R. Clark

State of Louisiana v. David Leger

Supreme Court of Louisiana · 2019-06-26

The case involved David Leger, who was convicted by a trial court of five counts of vehicular homicide after his truck collided with another vehicle during a road rage incident on I-10, resulting in five deaths. The First Circuit Court of Appeal modified the convictions to negligent homicide, finding insufficient evidence that Leger's intoxication contributed to the accident as required by statute. The Louisiana Supreme Court reviewed the evidence and determined that the state had presented sufficient proof of intoxication as a contributing factor, leading it to vacate the appellate judgment, reinstate the trial court's convictions, and remand for further proceedings.

criminal law

Kerry Simmons v. Cornerstone Investments, LLC

Supreme Court of Louisiana · 2019-05-08

This case involved a worker injured on the job who sued a third-party defendant for tort damages after receiving workers' compensation benefits that covered some medical expenses. The plaintiff sought to introduce evidence of the full medical bills, including amounts written off due to workers' compensation fee schedules, arguing it fell under the collateral source rule. The Supreme Court of Louisiana affirmed the lower courts' decision to exclude the written-off amounts and allow only evidence of the actual payments made. The court reasoned that the written-off portion was not a collateral source because the plaintiff provided no consideration for it, and thus it should not be presented to the jury.

torts & liabilityprocedure

City of New Orleans v. Lawrence Clark

Supreme Court of Louisiana · 2018-09-07 · cited 8×

The case involved defendant Lawrence Clark, who was cited by New Orleans police for displaying and offering his artwork for sale on a public neutral ground in violation of Municipal Code §110-11, which generally prohibits retail sales and displays outside of enclosed buildings except in specifically permitted areas like Jackson Square. Clark moved to quash the citation, arguing that the ordinance unconstitutionally restricted his First Amendment rights to free expression. The Louisiana Supreme Court granted writs and held the ordinance unconstitutional as applied to the sale of art. It reversed the lower courts' denials of the motion and granted the motion to quash. The core reasoning was that the ordinance's restrictions on where artists may sell their work impermissibly burdened protected expressive activity without satisfying constitutional standards for time, place, and manner regulations.

free speechcriminal lawbusiness & regulatory

Warren Montgomery, in His Official Capacity as District Attorney for St. Tammany Parish v. St. Tammany Parish Government, by and Through the St. Tammany Parish Council And Patricia "Pat" Brister, in Her Official Capacity as Parish President

Supreme Court of Louisiana · 2018-06-27

The case concerned whether the St. Tammany Parish District Attorney is legally required to act as general legal adviser and litigation counsel for the Parish Council, Parish President, and other government entities under the Louisiana Constitution, state statutes, and the St. Tammany Parish Home Rule Charter. The District Attorney sued for declaratory and injunctive relief after the Parish began operating an independent legal department and passed ordinances altering legal representation. The trial and appellate courts ruled against the District Attorney, but the Louisiana Supreme Court reversed, granting summary judgment to the District Attorney and holding that the governing documents mandate the District Attorney's role as the Parish's general attorney without genuine issues of material fact.

criminal lawprocedure

Gloria's Ranch, L.L.C. v. Tauren Exploration, Inc., Cubic Energy, Inc., Wells Fargo Energy Capital, Inc., and Exco USA Asset, Inc.

Supreme Court of Louisiana · 2018-06-27 · cited 16×

A landowner sued multiple mineral lessees and the mortgagee of one lessee for breaching obligations under a mineral lease by failing to provide a recordable release after the lease expired and by failing to pay royalties. The lower courts found all defendants solidarily liable for damages. The Louisiana Supreme Court reversed the liability finding against the mortgagee, holding it was neither an "owner" under Mineral Code article 207 nor a "lessee" under article 140. The Court affirmed solidary liability for one lessee because the obligation to release the lease was indivisible, ruled that article 140 caps damages at double the unpaid royalties rather than allowing both the royalties and a double penalty, and reduced the attorney fee award accordingly.

propertybusiness & regulatorytorts & liability

David Carver v. Louisiana Department of Public Safety

Supreme Court of Louisiana · 2018-01-30 · cited 20×

This case involved a challenge to Louisiana statutes La. R.S. 32:667(H)(3) and (I)(1)(a), which suspend driving privileges for one year and require an ignition interlock device when a driver refuses a chemical test for intoxication following a second or subsequent DWI arrest. Plaintiff David Carver, who had refused testing twice without resulting convictions, sought to have the provisions declared unconstitutional as violations of due process under the U.S. and Louisiana constitutions after the state denied full reinstatement of his license. The district court ruled the statutes unconstitutional, but the Louisiana Supreme Court reversed that decision on direct appeal. The court held that the provisions are constitutional, reasoning that drivers impliedly consent to such testing and that the penalties for refusal have a rational basis in advancing public safety under the state's police power.

criminal lawprocedure

Affiliations

Decision record

Marcus R. Clark

Affiliations

Decision record