January 14, 2003 - Opinions - Louisiana Supreme Court

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January 14, 2003 
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #002</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">The Opinions handed down on the&nbsp;14th day of January, 2003, are as follows:&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2003/02c1401.opn.pdf">2002-C- 1401 ROBERT J. MCGUIRE v. NEW ORLEANS CITY PARK IMPROVEMENT ASSOCIATION&nbsp;AND ABC INSURANCE COMPANY</a> (Parish of Orleans)&nbsp; For the aforementioned reasons, we find the jury and the court of appeal's ruling manifestly erroneous, for City Park did not breach a duty owed to this plaintiff. Therefore City Park is not liable for the plaintiff's injuries. In view of this finding we pretermit discussion and consideration of the remaining elements. Accordingly, we reverse the judgment of the trial jury and the court of appeal and render judgment in favor of City Park, against the plaintiff, dismissing his suit.&nbsp; REVERSED.&nbsp;&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2003/01k2548.opn.pdf">2001-K- 2548 STATE OF LOUISIANA v. DALE P. BISHOP&nbsp;</a>(Parish of Ouachita)&nbsp; (Attempted Second Degree Murder)&nbsp; For the reasons stated herein, the judgment of the court of appeal is reversed and defendant's conviction and sentence for attempted second degree murder are reinstated.&nbsp; REVERSED.&nbsp;CALOGERO, C.J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2003/02c0978.opn.pdf">2002-C- 0978 PATRICIA RICHARD, ON BEHALF OF EDNA DEVILLE v. LOUISIANA EXTENDED CARE CENTERS,&nbsp;INC.</a> (Parish of St. Landry)&nbsp; For the reasons expressed herein, the judgment of the court of appeal is affirmed in part and remanded to the trial court for a determination of whether plaintiff's allegations of negligence against the defendant are medical malpractice claims under Louisiana law.&nbsp; AFFIRMED IN PART; REMANDED.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2003/01ka1638.opn.pdf">2001-KA- 1638 STATE OF LOUISIANA v. MICHAEL TAYLOR&nbsp;</a>(Parish of Desoto)&nbsp; (First Degree Murder)&nbsp; For the reasons assigned herein and in the unpublished appendix, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge shall, upon receiving notice from this court under La. C.Cr. P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. &sect;15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. &sect;15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts.&nbsp; AFFIRMED.&nbsp;&nbsp;BY: KNOLL, J.:<a href="/opinions/2003/02c0439.opn.pdf">2002-C- 0439 MICHAEL J. FONTENOT v. REDDELL VIDRINE WATER DISTRICT&nbsp;, ET AL. &nbsp;C/W&nbsp;
 2002-C- 0442 KENNETH HAYNES v. WILLIAMS FENCE AND ALUMINUM C/W&nbsp; 2002-C- 0478 KENNETH HAYNES v. WILLIAMS FENCE AND ALUMINUM (Office Of Workers' Compensation, District 2)</a>&nbsp; For the foregoing reasons, we affirm the appellate court's decisions in&nbsp;Fontenot v. Reddell Vidrine Water Dist.&nbsp;, 2001-0762 (La. App. 3 Cir. 1/9/02), 815 So. 2d 895 and&nbsp;Haynes v. Williams Fence and Aluminum&nbsp;, 2001-0026 (La. App. 3 Cir. 1/9/02), 805 So. 2d 233 which allowed multiple penalties under LA. REV. STAT. ANN. Sec. 23:1201(F) for multiple violations regarding the payment of compensation and medical benefit claims. However, we reverse the appellate court's decision considered by us in&nbsp;Haynes v. Williams Fence and Aluminum&nbsp;, 2002-0478 (La. 4/26/02), 813 So. 2d 1096, on Williams's discontinuance of vocational rehabilitation services and remand that aspect of this case for consideration by the appellate court of Haynes's claim for attorneys' fees.&nbsp; 2002-C-0439, AFFIRMED.&nbsp; 2002-C-0442, AFFIRMED.&nbsp; 2002-C-0478, REVERSED AND REMANDED.&nbsp;VICTORY, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2003/00ka0602.opn.pdf">2000-KA- 0602 STATE OF LOUISIANA v. ANTOINE WATTS&nbsp;</a>(Parish of Tangipahoa)&nbsp; (First Degree Murder)&nbsp; CONVICTION AND SENTENCE VACATED; CASE REMANDED FOR NEW TRIAL.&nbsp; VICTORY, J., dissents and assigns reasons.&nbsp; TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2003/02ca1367.opn.pdf">2002-CA- 1367 GARY L. RING, INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED v. STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT&nbsp;AND THE DIVISION OF WEIGHTS AND STANDARDS</a> (Parish of E. Baton Rouge)&nbsp; For the foregoing reasons, we vacate and set aside the judgments of the district court granting plaintiff's motion for partial summary judgment and second motion for partial summary judgment.&nbsp; This case is remanded to the district court for further proceedings consistent with this opinion and the reasons expressed therein.&nbsp; JUDGMENTS VACATED AND CASE REMANDED.&nbsp;&nbsp;&nbsp;BY LANIER, J., AD HOC:&nbsp;<a href="/opinions/2003/01k2574.opn.pdf">2001-K- 2574 STATE OF LOUISIANA v. DONALD K. SMITH&nbsp;</a>(Parish of E. Baton&nbsp;Rouge)&nbsp; Retired Judge Walter I. Lanier, Jr., assigned as Associate Justice Ad Hoc, sitting for Chief Justice Pascal F. Calogero, Jr., recused.&nbsp;For the foregoing reasons, the decision of the court of appeal is reversed and the sentence imposed by the trial court is reinstated.&nbsp; REVERSED AND RENDERED.&nbsp;JOHNSON, J., dissents.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2003/01k0785.pc.pdf">2001-K- 0785 STATE OF LOUISIANA v. IRVIN BROOKS&nbsp;</a>(Parish of Jefferson)&nbsp; (Distribution of Cocaine; Three Counts)&nbsp; Accordingly, the trial court did not err in allowing the jury to view videotapes properly admitted into evidence during their deliberations. We therefore reverse the decision below and remand this case to the court of appeal for consideration of respondent's remaining assignments of error pretermitted on original appeal.&nbsp; JUDGMENT REVERSED; CASE REMANDED TO COURT OF APPEAL.&nbsp;JOHNSON, J., dissents.&nbsp;&nbsp;<a href="/opinions/2003/01kk3231.pc.pdf">2001-KK- 3231 STATE OF LOUISIANA v. ALISHIA ADAMS&nbsp;</a>(Parish of Orleans)&nbsp; (Possession of Cocaine)&nbsp; We therefore reverse the ruling of the trial court and remand this case to the court for further proceedings consistent with the view expressed herein.&nbsp;&nbsp;<a href="/opinions/2003/02b1289.pc.pdf">2002-B- 1289 IN RE: JOSLYN RENEE ALEX&nbsp;</a> (Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Joslyn Renee Alex be suspended from the practice of law for a period of thirteen months. This suspension shall be fully deferred, and respondent shall be placed on supervised probation for a period of two years subject to the conditions recommended by the disciplinary board. Any violation of the conditions of probation or any other misconduct during the probationary period may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect;10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2003/02b2163.pc.pdf">2002-B- 2163 IN RE: ANTOINE Z. LAURENT&nbsp;</a> (Disciplinary Proceedings)&nbsp; Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Antoine Z. Laurent be suspended from the practice of law in Louisiana for a period of six months. This suspension shall be deferred in full and respondent shall be placed on probation for a period of two years, subject to the conditions set forth in this opinion. All costs and expenses in this matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect;10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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