Carter v. State, 897 So. 2d 149 (La. Ct. App. 2004)

Cases | Carter v. State, 897 So. 2d 149 (La. Ct. App. 2004) | 2018

The Louisiana Crime Victims Reparations Board denied the plaintiff’s claim for benefits. The trial court dismissed the plaintiff’s suit against the board. On appeal, the plaintiff claimed that the board’s decision was null and void because it considered and denied his application without affording him the constitutional due process requirements of notice and hearing. The appellate court vacated the trial court’s judgment and dismissed the appeal. There was no basis for a claim of clear entitlement to victim reparations. Absent a protected property interest, a due process notice and hearing were not required. In the absence of a statutorily required notice and hearing, the board’s decision did not meet the Louisiana Administrative Procedures Act’s definition of an order or decision subject to judicial review. Further, absent a right to judicial review, neither the trial court nor an appellate court had jurisdiction to rule on the merits of the claim.