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50 So. 3d 115
La.
2010
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Background

  • Cooper was charged with second degree murder in the Fifteenth Judicial District; trial led to a guilty verdict and life sentence, later reversed post-conviction for Crawford v. Washington violations, awaiting retrial.
  • While awaiting retrial, Cooper challenged the Fifteenth JDC's local 2010 Plan for non-capital case allotment, seeking random assignment and recusal of judges.
  • The 2010 Plan created tracks in Acadia, Vermilion, and Lafayette parishes, with initial two-year home-parish assignments and random reassignment thereafter; non-capital cases assigned by offense date within tracks.
  • Trial court upheld the 2010 Plan as valid under state law; the Court of Appeal granted relief for random allotment, stayed retrial, and triggered expedited review by the Louisiana Supreme Court.
  • Louisiana Supreme Court reversed, concluding the 2010 Plan does not violate Rule 14.0, statutes, or defendants' constitutional rights, and that due process and equal protection are not violated.
  • Court emphasizes district courts may tailor admissible allotment plans for efficiency within the uniform rules, and that the system does not create a separate or reduced-status court.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Does the 2010 Plan comply with Rule 14.0 on random allotment? Cooper argues plan is non-random by track assignment tied to parishes. Cooper misreads 14.0; district court sets method of random allotment, not clerks alone. No violation; plan valid with respect to random allotment principle.
Does the plan violate La. R.S. 13:502 on alternate sittings and session control? Plan contradicts statutory sede of judges across parishes. Statute's intent is pragmatic, not literalmusical chairs; district complies with alternation and availability. Not violated; plan understood to respect broader statutory intent.
Does the plan offend due process or equal protection? Non-uniform assignment harms defendants; unequal treatment of felony cases. Felony defendants are not a suspect class; rational relation to legitimate interests; costs and efficiency justify plan. No due process or equal protection violation.
Does the plan infringe judicial independence or create a specialized court? Minority judges are subordinated; plan partitions authority into tracks. District remains a single court; no specialized court; independence preserved; voting rights not implicated. No violation of independence or creation of a specialized court.

Key Cases Cited

  • State v. Simpson, 551 So.2d 1303 (La. 1989) (due process for random or rotating allotment when selecting judge)
  • State v. Reed, 653 So.2d 1176 (La. 1995) (rotation/allotment susceptible to manipulation if triggers district attorney actions)
  • State v. Huls, 676 So.2d 160 (La. App. 1 Cir. 1996) (rotation by DA actions not acceptable for felony case allotment)
  • State v. Gutweiler, 979 So.2d 469 (La. 2008) (statutory interpretation: legislative intent; absurd consequences avoided)
  • State v. Debaillon, 51 La. Ann. 788, 25 So. 648 (1899) (district judges' authority to sit in multiple parishes and continuous sessions)
  • Piper v. Olinde Hardware & Supply Co., Inc., 288 So.2d 626 (La. 1974) (district court as single court; internal divisions do not create separate courts)
  • Safety Net for Abused Persons v. Segura, 692 So.2d 1038 (La. 1997) (coexisting allowances for judicial authority and hierarchy)
  • State v. Granger, 982 So.2d 779 (La. 2008) (review standards for equal protection in criminal procedure)
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Case Details

Case Name: State v. Cooper
Court Name: Supreme Court of Louisiana
Date Published: Nov 16, 2010
Citations: 50 So. 3d 115; 2010 WL 4610096; 2010 La. LEXIS 2373; 2010-KK-2344
Docket Number: 2010-KK-2344
Court Abbreviation: La.
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    State v. Cooper, 50 So. 3d 115