Attorney Jeffrey S. Wittenbrink's Legal Cases

Constitutional

State v. Spell, 2021-00876 (La. 5/13/22), 339 So.3d 1125

May 13, 2022

OUTCOME: writ granted, trial court reversed, charges quashed

Pastor Tony Spell of Life Tabernacle Church in Central, LA, was cited for violating the Emergency Orders of Governor John Bel Edwards. He was subsequently arrested, jailed and put on house arrest, as ... well as being surveilled 24-7 by camera and other surveillance. A motion to quash the charges as unconstitutional was finally granted by the Louisiana Supreme Court, dismissing all charges against Pastor Spell.

General practice

Epperson et al v. Francis, et al 2012 CA 0580, La. App. 1st Cir., writ den. 2013-C-1758 La. 11/1/13

Nov 01, 2013

OUTCOME: won at trial, confirmed by court of appeal, Louisiana Supreme Court

Boundary and ownership dispute over land; plaintiffs obtain boundary setting and declaration of ownership of property in their favor.

Family

Deidre Sanderford v. Rodney Neely, 2012 CA 1881

Nov 01, 2013

OUTCOME: Victory for Sanderford, judgments upheld

Rodney Neely sought to nullify a previous judgment of paternity and child support based on alleged procedural errors. We defended the judgment based on Neely's knowledge and acquiescence

Landlord or tenant

Bergeron v. Parker, 964 So.2d 1075, (La. App. 1st Cir. 5/4/07)

May 04, 2007

OUTCOME: eviction reversed, bond for deed upheld

Seller/landlord in a self-drawn contract attempted to evict buyer as if property were leased; contract held to be a "bond for deed" and buyer allowed to remain and complete purchase

Domestic violence

Louvier v. Washington, 2006 CU 1052 La. App. 1st Cir. 10/6/2006

Oct 10, 2006

OUTCOME: protective order granted, upheld on appeal

Mother granted protective order based on her testimony and cross-examination of father who denied mother's allegations.

Land use and zoning

Stonegate Homeowners Civic Ass'n v. City of Baton Rouge, 836 So.2d 440, (La. App. 1st Cir. 12/20/02)

Dec 20, 2002

OUTCOME: Trial court reversed in favor of Plaintiff

Court dismissed case against the City; reinstated by Court of Appeal, citing, "zoning debacle."

Family

Nelson v. Land, 818 So.2d 91 (La. App. 1st Cir. 11/3/00)

Nov 03, 2000

OUTCOME: Trial Court reversed, relocation allowed

Relocation of mother to N.J. denied by trial court, reversed on appeal to allow relocation.

Family

In re: Boyd, 723 So.2d 1107 (La. App. 1st Cir. 12/28/98)

Dec 28, 1998

OUTCOME: declaration of death granted on appeal

Trial court refused declaration of death where missing person "might not be dead." Court of appeal reversed citing purpose of statute.

Privacy

Bozeman v. Mack, 744 So.2d 34 (La. App. 1st Cir. 12/21/98)

Dec 21, 1998

OUTCOME: documents sought declared public records

Coroner refused autopsy report without "expert witness fee." Trial court refused to force production, reversed by Court of Appeal.

Family

Raney v. Wren, 722 So.2d 54 (La. App. 1st Cir. 11/6/98)

Nov 06, 1998

OUTCOME: custody

Testimony of child disallowed; harmless error. Past behavior of parent allowed to show pattern.

Jeffrey S. Wittenbrink's Legal Cases (12)

State v. Spell, 2021-00876 (La. 5/13/22), 339 So.3d 1125

Epperson et al v. Francis, et al 2012 CA 0580, La. App. 1st Cir., writ den. 2013-C-1758 La. 11/1/13

Deidre Sanderford v. Rodney Neely, 2012 CA 1881

Bergeron v. Parker, 964 So.2d 1075, (La. App. 1st Cir. 5/4/07)

Louvier v. Washington, 2006 CU 1052 La. App. 1st Cir. 10/6/2006

Stonegate Homeowners Civic Ass'n v. City of Baton Rouge, 836 So.2d 440, (La. App. 1st Cir. 12/20/02)

Nelson v. Land, 818 So.2d 91 (La. App. 1st Cir. 11/3/00)

In re: Boyd, 723 So.2d 1107 (La. App. 1st Cir. 12/28/98)

Bozeman v. Mack, 744 So.2d 34 (La. App. 1st Cir. 12/21/98)

Raney v. Wren, 722 So.2d 54 (La. App. 1st Cir. 11/6/98)