ALLEN v. EDWARDS

No. 2019 CA 0125.

322 So.3d 800 (2021)

Joseph ALLEN, Steven Ayres, Ashley Hurlburt, Rory Kevin Gates, James Howard, Demarcus Morrow, Rodney Waller, Keith Arcement, Frederick Bell, Genaro Cruz Gomez, Sam Ybarra, Michael Carter, & James Park, on Behalf of Themselves & All Others Similarly Situated v. John Bel EDWARDS in His Official Capacity as Governor of the State of Louisiana, Zita Jackson Andrus, Chris L. Bowman, Flozell Daniels, Jr., Thomas D. Davenport, Jr., Patrick J. Fanning, W. Ross Foote, Katherine E. Gilmer, Michael C. Ginart, Jr., Frank Holthaus, Donald W. North, & Moses Junior Williams, in Their Official Capacities as Members of the Louisiana Public Defender Board, & James T. Dixon, Jr., in His Official Capacity as the Louisiana State Public Defender.

Court of Appeal of Louisiana, First Circuit.

Judgment Rendered: March 12, 2021.


Attorney(s) appearing for the Case

Thomas P. Owen, Jr. , Kathryn W. Munson , John P. D'Avello , Metairie, Louisiana, Counsel for Appellants, John Bel Edwards in his Official Capacity as Governor of the State of Louisiana, Zita Jackson, Andrus, Chris L. Bowman, Flozell, Daniels, Jr., Thomas D. Davenport, Jr., Patrick J. Fanning, W. Ross Foote, Katherine E. Gilmer, Michael C. Ginart, Jr., Frank Holthaus, Donald W. North, & Moses Junior Williams, in their Official Capacities as Members of the Louisiana Public Defender Board; and James T. Dixon, Jr., in his Official Capacity as the Louisiana State Public Defender.

Mark A. Cunningham , New Orleans, Louisiana -and-, Jon Greenbaum , Pro Hac Vice, Washington, District of Columbia, Counsel for Appellees, Joseph Allen, Steven Ayres, Ashley Hurlburt, Rory Kevin, Gates, James Howard, Demarcus Morrow, Rodney, Waller, Keith Arcement, Frederick Bell, Genaro Cruz, Gomez, Sam Ybarra, Michael, Carter, & James Park, on, Behalf of Themselves and All Others Similarly Situated.

Chloe M. Chetta , New Orleans, Louisiana, Counsel for Amici Curiae American Conservative Union Foundation Nolan Center for Justice, CATO Institute, Freedomworks Foundation, The James Madison Institute, R Street Institute, Innocence Project New Orleans, The Innocence Project, National Legal Aid & Defender Association, and Public Defender Service for the District of Columbia.

BEFORE: WHIPPLE, C.J., GUIDRY, THERIOT, CHUTZ, AND WOLFE, JJ.


This is an appeal by John Bel Edwards, in his official capacity as Governor of the State of Louisiana, Zita Jackson Andrus, Chris L. Bowman, Flozell Daniels, Jr., Thomas D. Davenport, Jr., Patrick J. Fanning, W. Ross Foote, Katherine E. Gilmer, Michael C. Ginart, Jr., Frank Holthaus, Donald W. North, and Moses Junior Williams, in their...

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