Opinion
No. 98-CD-0054
January 14, 1998
IN RE: Baton Rouge City of; Baton Rouge Parish; — Defendant(s); Applying for Supervisory and/or Remedial Writs; Parish of East Baton Rouge 19th Judicial District Court Div. "D" Number 375116.
Motion granted in part. Case may proceed as a jury trial. Since relators have been granted a suspensive appeal from the judgment rendered on November 3, 1997, holding unconstitutional La.R.S. 13:5105 (C) and (D), the judgment is suspended during the pendency of this appeal. The validity of the statute in this case should not be affected until this court reviews the judgment on appeal.
WFM
HTL
CDK
BJJ
JPV
CDT
JTK
CALOGERO, C.J. not on panel.