Supreme Court of Louisiana, 2005

Vincent v. Creed

Supreme Court of Louisiana · Decided February 18, 2005 · Calogero, From, Grant, Johnson, Reasons, Traylor, Writ

894 So. 2d 336; 2005 La. LEXIS 334; 2005 WL 387551 (Southern Reporter, Second Series)

Opinion of the Court

In re Vincent, Harold; — Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Claiborne, 2nd Judicial District Court Div. A, Nos. 35,803; to the Court of Appeal, Second Circuit, No. 38120-CW.

Writ denied.

TRAYLOR, J., recused. CALOGERO, C.J., would grant the writ. JOHNSON, J., dissents from the writ denial with reasons.

Dissenting Opinion

JOHNSON, Justice

dissenting in part from the writ denial.

I would grant the writ application, in part, and remand this matter to the district court, directing the district court to appoint counsel for relator and hold a hearing to determine whether the automatic stay provisions of LSA-R.S. 15:1186(B)(2)(a) and the automatic dismissal provisions of LSA-R.S. 15:1186(B)(2)(c) *337violate relator’s right of access to courts as set forth in La. Const. Art. I, § 22.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.