57 So. 3d 1188
La. Ct. App.2011Background
- Steiner was convicted in 1991 in Louisiana of indecent behavior with a juvenile and contributing to the delinquency of juveniles; sentences concurrent and he was released in 1992.
- Louisiana Megan’s Law, La. R.S. 15:540 et seq., became effective in 1992, but Steiner was not required to register in Louisiana under it.
- In 2005, Florida required Steiner to register as a sex offender based on his Louisiana convictions; he subsequently moved to Mississippi, which also required registration.
- Steiner filed a December 17, 2008 petition in Louisiana seeking a declaratory judgment that he is not required to register under Louisiana law.
- Louisiana moved to dismiss via a peremptory exception of no cause of action; trial court sustained the exception, dismissing the petition, finding no justiciable controversy and noting Mississippi law governs Steiner’s registration.
- The trial court’s written reasons emphasized that a Louisiana declaratory judgment would not resolve Steiner’s status under Mississippi law, and that Louisiana’s status would not bind Mississippi.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Louisiana declaratory judgment is proper. | Steiner argues Louisiana law determines his status and seeks relief. | State contends no justiciable controversy in Louisiana; Mississippi issues control. | No justiciable controversy; declaratory relief improper. |
| Whether Steiner has a present, justiciable interest to challenge registration. | Steiner seeks authoritative declaration of no Louisiana registration obligation. | Controversy contingent on Mississippi, not ripe in Louisiana. | Contingent, not ripe; no remedy in Louisiana court. |
| Whether the Louisiana court has subject matter jurisdiction. | Jurisdiction exists to adjudicate Louisiana law status. | No live dispute; sovereignty of Mississippi governs. | Lacked subject matter jurisdiction; affirmed dismissal. |
Key Cases Cited
- Am. Waste & Pollution Control Co. v. St. Martin Parish Police Jury, 627 So.2d 158 (La.1993) (declaratory judgments require a justiciable controversy)
- Wooley v. State Farm Fire & Cas. Ins. Co., 928 So.2d 618 (La.App. 1st Cir.2006) (justiciable controversy must be real and actual)
- Prator v. Caddo Parish, 888 So.2d 812 (La.2004) (definition of justiciable controversy; adversarial questions)
- Church Point Wholesale Beverage Co., Inc. v. Tarver, 614 So.2d 697 (La.1993) (courts will not render advisory opinions)
- Stallworth v. Miss. Dep’t of Pub. Safety, Not Louisiana; Miss. 986 So.2d 259 (Miss.2008) (Mississippi law controls registration issues; apply when appropriate)