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This profile was last updated on 5/14/13  and contains information from public web pages and contributions from the ZoomInfo community.

Judge Jimmy E. Kuhn

Wrong Judge Jimmy E. Kuhn?
Email: j***@***.org
Louisiana Court
Court Of Appeal, First Circuit 1600 North Third Street
Baton Rouge, Louisiana 70802
United States

 
Background

Employment History

Board Memberships and Affiliations

27 Total References
Web References
Friends of LPB
beta.lpb.org, 26 July 2013 [cached]
Judge Jimmy Kuhn
Committee
www.lsba.org, 8 July 1999 [cached]
Member - James E Kuhn
Jimmy Kuhn - Judgepedia
judgepedia.org, 3 July 2008 [cached]
Jimmy Kuhn
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James E. "Jimmy" Kuhn is a member of the Louisiana Court of Appeal First Circuit. He is also a candidate for the first district seat on the Louisiana Supreme Court made vacant by the retirement of Pascal Calogero. On Saturday, October 4, Kuhn won 30% of the vote in a 3-way primary, coming in second in a race against Greg Guidry and Roland Belsome; the race is now between Kuhn and Guidry and will be decided on November 4.[1],[2] On Saturday, October 4, Kuhn won 30% of the vote in a 3-way primary, coming in second in a race against Greg Guidry and Roland Belsome; the race is now between Kuhn and Guidry and will be decided on November 4.[1],[2]
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On November 4, 2008 Greg Guidry won a seat on the Supreme Court with 160,893 votes (60%) to Jimmy Kuhn's 108,541 (40%) with all precincts reporting.[4]
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For information on Judge Kuhn's election committee, see here. For Judge Kuhn's financial filings with the Louisiana Board of Ethics, see here (scroll to the bottom).
Judicial philosophy
In explaining his views to Louisiana's voters, Kuhn has said:
He advocates a philosophy of judicial restraint.[5],[6]
He hopes to protect the court from political influence: "The court is under attack from groups who want to make it strictly a political contest rather than what's best for the court system in this state. Whether they are from the right or the left, they are on a mission for this, and it's no-holds-barred."
He does not support public financing for judicial races.[7]
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Judge Kuhn dissented, stating "[Imperial] has carried its evidentiary burden of proof to establish the absence of genuine issues of material fact and is entitled to judgment as matter of law that the [UM] Rejection Form was properly completed and UM coverage was waived.
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Writing in a separate concurrence, Judge Kuhn addressed the posture of the dissenting opinion, which maintained that the Supreme Court's holding in State v. Smith, 367 So.2d 857 (La. 1979), required the First Circuit, on its own motion, to find that the verdict rendered by a twelve-person jury constituted patent error. Pointing out that the defendant, who was entitled to a jury before six people, had been tried by a twelve-person jury created no prejudice and did not infringe defendant's due process safeguards. Judge Kuhn emphasized the lack of prejudice because the twelve-person jury had rendered a unanimous verdict. Reviewing the First Circuit's affirmance of the conviction, the Supreme Court affirmed, holding that the defendant's conviction by a unanimous twelve-person jury, rather than by jury of six persons as required by state constitution, was subject to harmless error analysis and that the defendant's conviction by unanimous jury of 12 persons was harmless error beyond reasonable doubt. The Supreme Court also held that the empanelling of jury composed of a greater number of persons than constitutionally required did not constitute a non-waivable jurisdictional defect subject to automatic nullity and abrogated its earlier decision in State v. Smith, 367 So.2d 857 (among other decisions). See State v. Jones, 2005-0226 (La. 2/22/06), 922 So.2d 508.
State v. Price, 2005-2514 (La. App. 1st Cir. 12/28/06), 952 So.2d 112, writ denied, 2007-0130 (La. 2/22/08), 976 So.2d 1277 - Writing for an en banc First Circuit, Judge Kuhn specified that the court of appeal review for error is pursuant to La. Code of Criminal Procedure article 920, which provides that the only matters to be considered on appeal are errors designated in the assignments of error and "error that is discoverable by a mere inspection of the pleadings and proceedings and without inspection of the evidence, noting that the article makes no reference to the errors for review as patent. After a discussion of the jurisprudence, which gave rise to use of the patent-error review, the First Circuit pointed out that the Louisiana Supreme Court, as a whole, had turned away from its own jurisprudence "finding reversible patent error." Thus, the First Circuit held that defects in the proceedings -- even violations of the constitution - that are not inherently prejudicial to the defendant are no longer considered reversible "patent error," and limited its review under Code of Criminal Procedure article 920 to errors that inherently prejudice the defendant.
Other rulings
Judge Kuhn ruled with the majority in a March 2008 1st Circuit Court of Appeal decision that reinstated a multi-million dollar award to a drunk driving accident victim.
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In an interview with Action News 17 on March 12, 2008, Judge Kuhn noted that the courts are attempting to craft ethics rules for judges that will mirror ethics legislation for the other branches of government.[9]
In another Action News interview on March 13, Kuhn expressed that "People want a court system that gives everyone a fair shake and is called according to the law."[10]
In an Action News interview from April 22 at a "Louisiana Chamber After Hours" event, Kuhn noted that judicial races are becoming more important to the business community and businesses aren't finding Lousiana as unfavorable to business as in the past.[11]
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Judge Kuhn's Election Website
Page Title
www.ponchatoula.com [cached]
Thanks to a loan of a generator from Judge Jimmy Kuhn, the Harris gas station has been uniquely able to provide gasoline to a long line of, first police only, vehicles, on a rationed basis.
Judge Jimmy Kuhn by ...
www.nola.com [cached]
Judge Jimmy Kuhn by busterm2, 10/11/08
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