# Waller v. State, Department of Health & Hospitals

> Louisiana Court of Appeal · November 9, 2011 · 11 La.App. 3 Cir. 643

URL: https://www.frixlaw.com/law-library/cases/4870034

## Case

- **Full name:** Arthur WALLER v. STATE of Louisiana, DEPARTMENT OF HEALTH & HOSPITALS
- **Court:** Louisiana Court of Appeal
- **Decided:** November 9, 2011
- **Citations:** 11 La.App. 3 Cir. 643; 79 So. 3d 1085; 2011 La. App. LEXIS 1344; 2011 WL 5374760
- **Precedential status:** Published
- **Opinion:** Concurrence by Pickett
- **Judges:** Decuir, Gremillion, Pickett
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4870034

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4870034. Public record. Not legal advice.