Narrative Opinion Summary
Writs were applied for by Johnny Luna in the 24th Judicial District Court, Jefferson Parish, under case number 95-5491, and subsequently to the Court of Appeal, Fifth Circuit, case number 03-KH-145. The court granted the writ in part while denying other aspects. The Clerk of Court for the 24th JDC is mandated to provide Luna with an estimate of the costs associated with reproducing the public records he has requested, to which he is entitled as per Louisiana law, specifically referencing La. Const. art. XII, Section 3; R.S. 44:31; and R.S. 44:31.1. The decision also cites relevant case law, including State ex rel. Leonard v. State, State ex rel. Level v. State, and Range v. Moreau, which support the entitlement to access public records and the associated costs.
Legal Issues Addressed
Judicial Discretion in Granting Writssubscribe to see similar legal issues
Application: The court exercises its discretion to grant the writ in part while denying other aspects, demonstrating the selective application of judicial relief.
Reasoning: The court granted the writ in part while denying other aspects.
Precedential Support for Access to Public Recordssubscribe to see similar legal issues
Application: The court's decision cites precedent from cases such as State ex rel. Leonard v. State and Range v. Moreau to support the legal principle of entitlement to access public records and the associated costs.
Reasoning: The decision also cites relevant case law, including State ex rel. Leonard v. State, State ex rel. Level v. State, and Range v. Moreau, which support the entitlement to access public records and the associated costs.
Right to Access Public Records under Louisiana Lawsubscribe to see similar legal issues
Application: The court affirms Johnny Luna's entitlement to access public records, mandating the Clerk of Court to provide an estimate of reproduction costs, as per La. Const. art. XII, Section 3; R.S. 44:31; and R.S. 44:31.1.
Reasoning: The Clerk of Court for the 24th JDC is mandated to provide Luna with an estimate of the costs associated with reproducing the public records he has requested, to which he is entitled as per Louisiana law, specifically referencing La. Const. art. XII, Section 3; R.S. 44:31; and R.S. 44:31.1.