Is Writ Denial Preclusive?

In re K.P.W., a May 26, 2004 decision by the Louisiana Fifth Circuit, seems inconsistent with the Louisiana Supreme Court's 2003 decision in Davis v. Jazz Casino Co., 849 So.2d 497. In K.P.W., the Fifth Circuit held that its prior writ denial established law of the case on an issue, thus precluding later consideration of the same issue on appeal, because the court in its writ denial "considered the substantive issues presented by the application ...." But in Davis, decided one year before K.P.W., the Supreme Court held that when an appellate court denies writs, it has no jurisdiction to affirm, reverse, or modify the trial court's judgment. "Thus, any language in the court of appeal's earlier writ denial purporting to find no error in the trial court's ... ruling is without effect."

Posted by RPW at June 4, 2004 10:02 AM