2022-C-01678 Precedential Writ application granted. Processed

Kayla E'lana Watson v. Daniel Christopher Banguel

Louisiana Supreme Court · Filed January 25, 2023

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Opinion text

Supreme Court of Louisiana
January 25, 2023
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
KAYLA E'LANA WATSON
VS.
DANIEL
CHRISTOPHER BANGUEL
No. 2022-C-01678
_ _ _ _
_ _
IN R
E: Daniel Christopher Banguel - Applicant Defendant; Applying For Writ Of
Certiorari, Parish of East Baton Rouge, 19th Judicial District Court Number(s)
C692986, Court of Appeal, First Circuit, Number(s) 2020 CA 0799R;
_ _ _ _ _ _
January 25, 2023
Writ application granted. See per curiam.
Weimer, C.J., dissents.
Crain, J., dissents.
Griffin, J., dissents.
SJC
JDH
JTG
JBM
01/25/2023 "See News Release 003 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2022-C-01678
KAYLA E'LANA WATSON
VS.
DANIEL CHRISTOPHER BANGUEL
On Writ of Certiorari to the Court of Appeal, First Circuit, Parish of East Baton
Rouge
PER CURIAM
Granted. For the reasons set forth in Judge McDonald’s dissent, we find the
trial court abused its discretion in granting the protective order. 1 The lower courts’
rulings are hereby reversed and vacated and t he matter is dismissed. See Kayla
E’Lana Watson v. Daniel Christopher Banguel, 20-799 (La. 1 Cir. 10/19/22), -- So.
3d -- (unpub’d) (McDonald, J., dissenting) (La. R.S. 14:40.2 requires repetitive
actions to constitute stalking, and this record contains insufficient evidence to satisfy
that definition.).
1 See Rouyea v. Rouyea, 00-2613 (La. App. 1 Cir. 3/28/01), 808 So. 2d 558 (the abuse of discretion
standard of review is proper in domestic abuse protective orders).
January 25, 2023
01/25/23