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Castille v. State

Citations: 791 So. 2d 117; 2001 La. LEXIS 1610; 2001 WL 484007Docket: No. 2001-CC-0516

Court: Supreme Court of Louisiana; April 27, 2001; Louisiana; State Supreme Court

Narrative Opinion Summary

The court case concerns an application for supervisory and/or remedial writs submitted by the Louisiana State Social Services Department's Youth and Family Service Division against defendants James “Rod” Lemaire and Cynthia R. Harris. The application was addressed to the 15th Judicial District Court in Acadia Parish, under case number 75956, and subsequently to the Court of Appeal, Third Circuit, with the reference number CW 00-01652. The court denied the application but noted that the relator retains the right to raise the issue again if an adverse judgment occurs. Judges Victory, Traylor, and Ciaccio expressed a dissenting opinion, indicating they would have granted the writ.

Legal Issues Addressed

Application for Supervisory and Remedial Writs

Application: The Louisiana State Social Services Department sought supervisory and/or remedial writs from the appellate court.

Reasoning: The court case concerns an application for supervisory and/or remedial writs submitted by the Louisiana State Social Services Department's Youth and Family Service Division against defendants James “Rod” Lemaire and Cynthia R. Harris.

Denial of Writ Application

Application: The court denied the application for writs but allowed for the issue to be raised again in the event of an adverse judgment.

Reasoning: The court denied the application but noted that the relator retains the right to raise the issue again if an adverse judgment occurs.

Dissenting Opinion on Writ Application

Application: A group of judges disagreed with the majority's decision to deny the writ application, indicating they would have granted it.

Reasoning: Judges Victory, Traylor, and Ciaccio expressed a dissenting opinion, indicating they would have granted the writ.