Preview:

SUPREME COURT OF LOUISIANA
No. 96-CC-0322 CLEMENT F. PERSCHALL, JR. v. THE STATE OF LOUISIANA ON WRIT OF CERTIORARI TO THE NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA

PITCHER, J. AD HOC, DISSENTING. I respectfully dissent. I first quarrel with the majority's decision to reach the merits in this case by very adroitly finding that the Pullman abstention doctrine overrides this court's long-standing policy of not giving advisory opinions. I also disagree with the majority's determination that Act 512 is an unconstitutional enlargement of the supreme court. In determining the constitutionality of Act 512, the majority noted that Act 512 created a conflict between article V,

Download PITCHER, J..pdf

Louisiana Law