Opinion
No. 2004-CA-1136.
December 5, 2007.
Appeal from the District Court, Orleans Parish, No. 2000-9442, Division "F-10", Yada Magee, J.
Terry B. Loup, Morris Bart, L.L.C., New Orleans, LA, for Plaintiff/Appellant.
Timothy G. Schafer, Schafer Schafer, New Orleans, LA, for Defendant/Appellee.
(Court composed of Chief Judge JOAN BERNARD ARMSTRONG, Judge CHARLES R. JONES, Judge DENNIS R. BAGNERIS, SR., Judge EDWIN A. LOMBARD and Judge LEON A. CANNIZZARO, JR.).
ON REMAND FROM THE LOUISIANA SUPREME COURT
In view of Alex v. Rayne Concrete Service, 05-1457 c/w 2344 c/w 2520 (La. 1/26/07), 951 So.2d 138, I feel compelled to respectfully concur in the result reached by the majority.
I respectfully concur. The district court did not err in objecting to plaintiff counsel's Batson/Edmondson exclusions with respect to the three prospective jurors at issue. Further, I find no error with respect to remanding the matter to the district court.
However, I write separately to emphasize that the district court, observing what the Court thinks is a violation of Federal and State constitutions, has a fundamental right, without the objection of a party, to call into question unpermissive conduct. Thus, the conduct of the district court was quite proper in questioning whether plaintiffs counsel, in striking prospective jurors, was acting in a manner consistent with law.