Simmons v. State

MCKAY, C.J.

MCKAY, C.J., DISSENTS

I respectfully dissent from the majority in this matter and would reverse the judgment of the district court.

Arguably, there is a question if upon Eli's death the Louisiana Department of Children and Family Services lost the care custody and control of Eli's remains. Logically, the care custody and control of the child's remains would revert to the parents as the purpose of the Louisiana Department of Children and Family Services ended with the death of the child. While I would agree that the Coroner has a statutory right and obligation to dispose of the remains for the welfare of society benefiting the public at large through public health and public justice, it does not answer the glaring question as to who actually has the legal right to the remains of Eli. I believe that this fact is germane to the matter and needs resolution. This can only be determined by a full trial on the merits.