State Of Louisiana v. Robert Berry

Supreme Court of Louisiana
April 25, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
ROBERT BERRY
No. 2022-C-00970
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I
N RE: State of Louisiana, By and Through Attorney General Jeff Landry, In His
Official Capacity - Applicant Plaintiff; Applying For Writ Of Certiorari, Parish of
Bossier, 26th Judicial District Court Number(s) 163047, Court of Appeal, Second
Circuit, Number(s) 54231CA;
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April 25, 2023
Writ application granted. See per curiam.
Crichton, J., dissents, would grant and docket and assigns reasons.
Griffin, J., dissents and would grant and docket.
WJC
JLW
JDH
JTG
JBM
04/25/2023 "See News Release 020 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C-00970
STATE OF LOUISIANA VS. ROBERT BERRY
On Writ of Certiorari to the Court of Appeal, Second Circuit, Parish of Bossier
PER CURIAM
Writ granted. The judgment sustaining the exception of res judicata herein is
based on a summary judgment now reversed by this court. See Marvin v. Berry, 23-
0214 (La. 4/__/23), ___ So. 3d ___ ( per curiam). Thus, the trial court’s judgment
sustaining the exception of res judicata and dismissing plaintiff’s claims is also
reversed. See La. R.S. 13:4231 (requiring a “valid and final judgment” for res
judicata). The case is remanded for further proceedings.
JUDGMENT REVERSED; CASE REMANDED.
04/25/23