FOR IMMEDIATE NEWS RELEASE
FROM: CLERK OF
SUPREME COURT OF LOUISIANA
The opinion handed
down on the 1st day of July, 1997 ,
is as follows:
0322 CLEMENT F. PERSCHALL, JR. v. THE STATE OF
(Parish of East
For these reasons,
Act 512 is hereby declared unconstitutional in its entirety.
We recognize the status quo shall remain intact, and
this court, as it is currently composed and operating,
shall continue to function as a de jure court under
the Chisom Consent Judgment, which decree is under the
continuing jurisdiction of the United States for the
Eastern District of Louisiana.
It is so ordered
Chief Judge Charles
A. Marvin, Court of Appeal, Second Circuit, and Judge
Freddie Pitcher, Jr., Court of Appeal, First Circuit,
participating as associate justices ad hoc. Calogero,
C.J., and Marcus and Johnson, JJ., recused. Panel composed
of Lemmon, Kimball, Victory, Traylor, and Knoll, JJ.,
and Marvin and Pitcher, JJ. ad hoc.
J. - dissents.