Culp v. Department of Public Safety
Also decided on this docket: La. Ct. App. 3d Cir., February 10, 1978 352 So. 2d 717; La. Ct. App. 1st Cir., June 1, 1964 165 So. 2d 593; La., May 15, 1876 28 La. Ann. 765
Culp v. Department of Public Safety, 288 So. 2d 680 (La. Ct. App. 4th Cir. 1974).
The holding in the court’s own words
We conclude, nevertheless, that the Criminal District Court, having jurisdiction only of "the trial and punishment of all crimes, misdemeanors and offenses committed within the parish of Orleans", Const.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we find the holding.
Cited by
- CITY OF BROUSSARD VERSUS MICHAEL WATKINS/dba Michael's International La. Ct. App. 3d Cir. 2004
- City of Broussard v. Watkins 869 So. 2d 962 La. Ct. App. 1st Cir. 2004
- Hymel ex rel. Hymel v. Thomas 758 So. 2d 201 La. Ct. App. 1st Cir. 1999
- Butler v. DEPT OF PUBLIC SAFETY AND CORRECTIONS 609 So. 2d 790 La. 1992
- State v. Page 332 So. 2d 427 La. 1976
- Hall v. Department of Public Safety 288 So. 2d 681 La. Ct. App. 4th Cir. 1974
Opinion text
288 So.2d 680 (1974) Douglass CULP v. DEPARTMENT OF PUBLIC SAFETY et al. No. 6154. Court of Appeal of Louisiana, Fourth Circuit. January 8, 1974. Foye L. Lowe, Jr., Baton Rouge, for relator. Douglass Culp, New Orleans, for respondents. Before SAMUEL, REDMANN, GULOTTA, STOULIG, BOUTALL, SCHOTT and MORIAL, JJ., and BAILES and MARCEL, JJ. Pro Tem. REDMANN, Judge. On certiorari to review a transfer by the Civil District Court for the Parish of Orleans to the Criminal District Court for the Parish of Orleans, we have had the assistance of a most thoughtful memorandum by the trial judge on the question whether R.S. 32:414 E's "district court of the parish in which the applicant resides" means, in Orleans, the Civil or the Criminal District Court. The memorandum succinctly sets forth attractive reasoning by analogy from traffic violation appellate review in the Criminal District Court. We conclude, nevertheless, that the Criminal District Court, having jurisdiction only of "the trial and punishment of all crimes, misdemeanors and offenses committed within the parish of Orleans", Const. art. 7 § 83, does not have jurisdiction to review the administrative action of the Department of Public Safety suspending under the Implied Consent Law, R.S. 32:661 et seq., a driver's license for refusal to submit to a blood alcohol test. *681 Accordingly, R.S. 32:414 E's "district court" must, in Orleans parish, be construed to mean the Civil District Court. The Order of October 12, 1973, transferring this matter to the Criminal District Court for the Parish of Orleans is vacated. Order vacated.