Sydney Petite v. John L. Hinds, III

Supreme Court of Louisiana
March 12, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
SYDNEY PETITE
VS.
JOHN L. HINDS, III
No. 2024-C-00010
_ _
_ _ _ _
IN
RE: John L. Hinds, III - Applicant Defendant; Applying For Writ Of Certiorari,
Parish of Orleans Civil, Orleans Civil District Court Number(s) 2021-05327, Court
of Appeal, Fourth Circuit, Number(s) 2023-CA-0262;
_ _ _ _ _ _
March 12, 2024
Writ application granted. See per curiam.
Weimer, C.J., would grant and docket and assigns reasons.
Crain, J., dissents and would deny.
McCallum, J., concurs in part and dissents in part and assigns reasons.
JDH
SJC
JTG
PDG
03/12/2024 "See News Release 011 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2024-C-00010
SYDNEY PETITE
VS.
JOHN L. HINDS, III
On Writ of Certiorari to the Court of Appeal, Fourth Circuit,
Parish of Orleans Civil
PER CURIAM
Granted. For the reasons set forth by Judge Belsome in his dissent, we find that the
lower courts erred in finding that plaintiff met her burden of proving the allegations
of abuse by a preponderance of the evidence. See Ferrand v. Ferrand, 16-7, p. 47
(La. App. 5 Cir. 8/31/16), 221 So.3d 909, 943, writ denied, 16-1903 (La. 12/16/16),
211 So.3d 1164 (under the Domestic Abuse Assistance Act, “a petitioner has the
burden of proving the allegations of abuse by a preponderance of the evidence.”).
The Order of Protection is hereby vacated.
03/12/24