Opinion

Waller v. State, Department of Health & Hospitals

  • 11 La.App. 3 Cir. 643
  • 79 So. 3d 1085
  • 2011 La. App. LEXIS 1344
  • 2011 WL 5374760
Court
Louisiana Court of Appeal
Filed
Nov 9, 2011
Status
Published
Author
Pickett
On the bench
Decuir, Gremillion, Pickett
Cited by
9 cases
Authority
More cited than 17.9%

The opinion

PICKETT, J.,

concurring.

111 agree with the result reached by the majority in this case. I write separately to disagree with the conclusion reached in In re Appeal of ANR Pipeline Co., 11-379 (La.App. 3 Cir. 8/10/11) , 73 So.3d 398 , regarding the law of the case doctrine. The law of the case doctrine is always discretionary when this court reviews its own previous decision. I find Rule 2-18.7, which applies to rehearings, inapplicable to cases where we have previously denied supervisory writs, regardless of the reasoning of the writ panel.

In this case, I find no palpable error in the result reached by this court in denying the application for supervisory writs, and find that the state’s first assignment of error lacks merit.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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