La. Supreme Court Cases

EXPERIENCE COUNTS!!! 


The following are cases in which Cynthia D. Samuel's cases have been reviewed by the Louisiana Supreme Court on issues of JUVENILE LAW.

Currently Pending:  State in the Interest of M.W., Number 2012-CJ-0093.   Funding Issue in Juvenile case.L
La. Supreme Court ruled in favor or Cynthia D. Samuel and DENIED the State request for certiori. PER CURIAM.
Number 2013-CJ- 0093, 3/1/2013.

La. Supreme Court number: 2012-CJ-1970,  Bolen vs. Clarke, September 5, 2012. Writ DENIED.  JuvenileLaw on Jurisdiction and Family Court Jurisdiction issue.   The State Supreme Court DENIED review of the appeal court ruling in favor of Ms. Samuel's client.   The lower appeal court, the First Circuit, ruled in favor of Cynthia Samuel's client, overturning the trial court.   The other attorney applied to the La. Supreme Court asking the La. Supreme Court to overturn the Court of Appeal, First Circuit.  The La. Supreme Court DENIED the other attorney's application for review even before Ms. Samuel  filed her response.  
First Circuit docket number, 2012-CW-1205.  Ruling (8/2/2012):  "We find the district court erred where it transferred the 'Petition for Custody and Support and Writ of Habeas Corpus'  filed by relator, plaintiff  [Bolen, Ms. Samuel's client], to the Slidell City Court, sitting in its capacity as a juvenile court in a Louisiana Children's Code, Title VI proceeding.  The district court has jurisdiction over the claims raised in relator's [Ms. Samuel's client's] petition.  See State of Louisiana inthe Interest of C.F. & M.F., 2005-1272 (La. App. 3rd 4/12/06, 928 So.2d 707, 715, writ denied, 2007-0425 (La. 3/21/07), 951 So.2d 1083.  Accordingly, the writ is granted, the July 11, 2012 ruling is vacated, and the matter is remanded to the district court."  Four judges concurred, one dissent. 
Appealed from the 22nd Judicial District Court for the Parish of St. Tammany, No. 2012-1347.

2012-CJ-718 State In The Interest of G.M.P. and G.P., Jr.,   Juvenile Law and Constitutional Law.
     Cynthia Samuel applied for Writ of Review from Fourth Circuit denial of hearing suspending visitation.
The Louisiana Supreme Court ruled on April 4, 2012, GRANTING Relief.  The father is entitled to a contradictory hearing on visitation AND any other custody issues;  this ruling effectively granted the father relief from the earlier  February 3, 2012 ruling denying review of the custody issue. 

2012-CJ-629 State In The Interest of G.M.P. and G.P.,Jr.,  Juvenile Law.
      DCFS applied for Writ of Review from Fourth Circuit ruling in favor of Cynthia Samuel's client, overturning the trial court and found that "a judge shall either recuse himself, or refer the motion to another judge, if a valid ground for recusation is set forth in the motion."
 The Louisiana Supreme Court DENIED the DCFS application on April 4, 2012.

2012-CJ-404 State In The Interest of G.P. and G.P., Jr.,  Juvenile Law and Constitutional Law.
          DCFS applied for Writ of Review to challenge the father's Due Process Rights as recognized by the trial    court.  The Louisiana Supreme Court DENIED the DCFS application for Review on February 24, 2012.

2012-CJ-162  State In The Interest of G.P. and G.P., Jr.,  Juvenile Law.
     The father applied for Writ of Review from Fourth Circuit ruling denying review in part, granting in part.
The Louisiana Supreme Court initially ruled on February 3, 2012, denying the father review of the custody issue, but later, on April 4, 2012, (decision cited above) the Court granted the father a contradictory hearing on custody.

2010-CJ-2115  State In The Interest of E.G. & D.G., 45 So.3d 1034 (La. 2010).  Juvenile Law.
     The mother applied for Writ of Review to review trial court's denial of recusal.  Cynthia D. Samuel believes that it is a violation of Due Process, and denies litigants a fair trial by denying them an unbiased trier or fact because the same judge hears all hearings and trials, Child In Need of Care, the Review Hearings and  Termination of Parental Rights.  The Louisiana Supreme Court denied Review.

2010-CJ-1191 State In The Interest of Baby Girl Doe, 38 So.3d 22 (La. 2010), PER CURIAM.  Juvenile Law and Constitutional Law.
       The Louisiana Supreme Court GRANTED the Application for Writ of Review by Cynthia D. Samuel, finding that proper and legal Notice is required in a Safe Haven Relinquishment, "actual" notice does not suffice. 

2003-CJ-0615 State In The Interest of K.U.P., 840 So.2d 527 (La. 2003).  March 19, 2003.  Juvenile Law.

2001-CJ-2049 State In The Interest of J.M.,  Juvenile Law and Constitutional Law.
          consolidated with State In The Interest of J.C. and I.C., 795 So.2d 1195 (2001).  Juvenile Law and Constitutional Law.
       The Louisiana Supreme Court DENIED the DCFS request for review of the Fifth Circuit Ruling that due process requires that DCFS must provide photo copies of those parts of it's file selected by the parent's attorney as necessary for an adequate defense.  (See gist of 5th Circuit ruling below and link to opinion.)

2001-CJ-1759 State In The Interest of W.M. IV & D.M., 794 So.2d 801 (La. 2001), PER CURIAM.  Juvenile Law and Constitutional Law.
            -rehearing requested by the State, denied: 797 So.2d 681 (La. 2001).
      The Louisiana Supreme Court GRANTED the Application for Writ of Review by Cynthia D. Samuel, finding that in a CINC and TPR proceeding, a parent may make a  "blanket" Fifth Amendment Right assertion rather than "question by question."

2001-CJ-468  State In The Interest of J.F., D.F. & R.F., 786 So.2d 107 (La. 2001).  March 7, 2001.
      Juvenile Law and Constitutional Law..  The La. Supreme Court denied the State review of the Fifth Circuit ruling (01-C-32) regarding discovery of DCFS records from an invalidated complaint.  The Fifth Circuit opined: "Writ Granted In Part.  We find that the legislative intent expressed in Children's Code Article 615(F) is to protect the privacy interest of a party who was the subject of a complaint found to be unjustified or false.  However, if the subject of the complaint requests production of the report for use in a court proceeding in order to discover exculpatory information for use in his defense, the purpose of confidentiality by sealing the record no longer exists.  However, the Office of Community Services [now DCFS] asserts that the records are no longer in its possession and that all identifying information has been removed in compliance with Children's Code Art.  616(A)(2).  The trial court is ordered to determine if the subpoenaed records are in the possession of OCS and are readily available.  If so, they should be produced.  Otherwise, the ruling of the trial court is affirmed."   Indeed, the records were stored "on site," as per the secretarial staff, and were logged by the TIPS numbers, in spite of OCS' claim that the records were "no longer in its possession."    


1996-CK-1917 State In The Interest of A.N.D., 681 So.2d 1262 (La. 1996).   PER CURIAM.  Juvenile Law, attorney fee
      The Louisiana Supreme Court DENIED the DCFS application for Writ of Review on November 1, 1996.  The Fifth Circuit affirmed the trial court ruling ordering OCS (DCFS) to pay attorney's fees. 96-CA-26, reported at 676 So.2d 891.

1994-CK-2819 State In The Interest of K.J., U.J. & S.J., 648 So.2d 934 (La. 1995). January 6, 1995.


State In The Interest of J.M.,   Juvenile Law and Constitutional Law.
      consolidated with State in The Interest of J.C. and I.C., Fifth Circuit Ruling (reported on WestLaw (c) Online Collections.)  Fifth Circuit number '01-C-641.  Decided June 29, 2001.   To view opinion, click here. 
    GIST OF RULING at Fifth Circuit:  Due Process requires a fundamentally fair procedure in child protection cases.  Affording the parent the opportunity for critism and refutation requires the parent be allowed to selectively request copies for possible purposes of refreshing memory, or for impeachment;  otherwise the parent is prevented from making full use of the material at trial.
     The Louisiana Supreme Court DENIED the DCFS/OCS application for Writ of Review on August 29, 2001.
795 So.2d 1195 (La., 2001).   2001-CJ-2049.



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