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McMellon v. State, Department of Public Safety License Control & Driver Improvement Division

Supreme Court of Louisiana
McMellon v. State, Department of Public Safety License Control & Driver Improvement Division, 401 So. 2d 1187 (La. 1981)
1981 La. LEXIS 8462
Acts, Appears, Calogero, Changes, Constitutionality, Dennis, Doubt, Functions, Furthermore, Grant, Judiciary, Law, Session, Writ

McMellon v. State, Department of Public Safety License Control & Driver Improvement Division

Opinion of the Court

In re Danny M. McMellon, applying for certiorari, or writ of review, to the Court of *1188Appeal, Second Circuit. Parish of DeSoto. 397 So.2d 31.

Denied.

CALOGERO, J., would grant the writ. DENNIS, J., would grant the writ. Acts 220 and 347 of the 1979 Regular Session do not constitute interpretative legislation because they represent changes in the law. Furthermore, the changes cast doubt on the constitutionality of R.S. 32:1479(3) which now appears to delegate broad legislative functions to the judiciary.

Reference

Full Case Name
Danny M. McMELLON v. STATE of Louisiana, DEPARTMENT OF PUBLIC SAFETY LICENSE CONTROL & DRIVER IMPROVEMENT DIVISION
Cited By
1 case
Status
Published
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