May 20, 2003 - Opinions - Louisiana Supreme Court

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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 #036</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;20th day of May, 2003&nbsp;, are as follows:&nbsp;BY CALOGERO, C.J.:&nbsp; <a href="/opinions/2003/2001ka1658.opn.pdf">2001-KA- 1658 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. ANTOINE TATE</a> (Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) the Court denies his petition for certiorari; and either (a) the 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. Code Crim. Proc. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 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 the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.&nbsp;<a href="/opinions/2003/2002c2349.opn.pdf">2002-C- 2349 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;LOUISIANA DEPARTMENT OF TRANSPORTATION &amp; DEVELOPMENT v. KANSAS CITY SOUTHERN RAILWAY CO., ET AL.</a> (Parish of Caddo) Accordingly, the judgment of the lower courts are reversed, and the case remanded to the district court for proceedings consistent with this opinion. REVERSED; REMANDED TO DISTRICT COURT.&nbsp;&nbsp;&nbsp;&nbsp;BY KIMBALL, J.&nbsp;:&nbsp; <a href="/opinions/2003/2002c2785.opn.pdf">2002-C- 2785 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;JOY MICHELLE BOURGEOIS, INDIVIDUALLY AND ON BEHALF OF HER MINOR SON, MICKEY G. BOURGEOIS, JR., AND MICKEY G. BOURGEOIS, SR. v. MARK KOST AND ALLSTATE INSURANCE&nbsp;COMPANY</a> (Parish of Jefferson) For the reasons assigned, it is ordered that the original November 6, 2001 judgment be reinstated as the final judgment of the trial court in this matter. REVERSED AND REINSTATED.JOHNSON, J., dissents and assigns reasons. &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2003/2002c1138.opn.pdf">2002-C- 1138 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; EILEEN GREGOR, ET AL. v. ARGENOT GREAT CENTRAL INSURANCE COMPANY, ET AL.</a> (Parish of Orleans) Retired Judge Walter I. Lanier, Jr., assigned as Associate Justice Ad Hoc, sitting for Associate Justice Chet D. Traylor, recused. The decision of the court of appeal that DHH is not entitled to discretionary immunity under La. R.S. 9:2798.1 is hereby affirmed. The court of appeal's allocation of fault is hereby reversed, and allocation of fault is reapportioned: 50% to Pascal's Manale and 50% to DHH. AFFIRMED IN PART; REVERSED IN PART. &nbsp;CALOGERO, C.J., concurs and assigns reasons. KIMBALL, J., concurs in part and dissents in part with reasons. VICTORY, J., dissents with reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/2002k1589.opn.pdf">2002-K- 1589 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. MICHAEL L. HARRIS</a> (Parish of Orleans) (Attempted Possession of a Controlled Dangerous substance with Intent to&nbsp; Distribute) For the foregoing reasons, we reverse the court of appeal's decision. The defendant's conviction and sentence are hereby reinstated.&nbsp;&nbsp;BY VICTORY, J.&nbsp;: &nbsp; <a href="/opinions/2003/2002c1443.opn.pdf">2002-C- 1443 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;BYRON K. LANDRY v. LUKE BELLANGER, JR.</a> (Parish of Lafourche) For the reasons stated herein, the judgment of the trial court is reversed and judgment is entered for the defendant. REVERSED AND RENDERED.KIMBALL, J., dissents and assigns reasons. KNOLL, J., dissents for reasons assigned by Kimball, J.&nbsp;<a href="/opinions/2003/2002cc2644.opn.pdf">2002-CC- 2644 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;PAMELA ALONSO v. BILLIE B. LINE, JR. AND WISNER, ADAMS, WALKER &amp; LINE, P.C.</a> (Parish of E. Baton Rouge) For the reasons stated herein, the judgment of the court of appeal is reversed insofar as it found no personal jurisdiction over Line, and the matter is remanded to the trial court for further proceedings. REVERSED IN PART AND REMANDED.&nbsp;&nbsp;BY TRAYLOR, J.&nbsp;: &nbsp; <a href="/opinions/2003/2002ck1742.opn.pdf">2002-CK- 1742 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA IN THE INTEREST OF D.P.B.</a> (Parish of Ouachita) (Manslaughter) For the above reasons, the judgment of the court of appeal is reversed and the adjudication and disposition of the juvenile court are reinstated.&nbsp;<a href="/opinions/2003/2002k1922.opn.pdf">2002-K- 1922 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. DONALD BROWN</a> (Parish of Desoto) (Manslaughter) Accordingly, we reverse the court of appeal and reinstate defendant's conviction and sentence as imposed by the trial court. We remand the case to the court of appeal and order it to consider defendant's remaining assignment of error. REVERSED, CONVICTION AND SENTENCE REINSTATED, REMANDED FOR CONSIDERATION OF THE REMAINING ASSIGNMENT OF ERROR&nbsp;&nbsp;BY KNOLL, J.&nbsp;: &nbsp; <a href="/opinions/2003/2002k1188.opn.pdf">2002-K- 1188 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. AMOS JOHN CHAUVIN</a> (Parish of Terrebonne) (Indecent Behavior with Juveniles - Two Counts) For the foregoing reasons, the ruling of the appellate court is affirmed. This case is remanded to the district court for a new trial consistent with the views expressed herein. AFFIRMED.WEIMER, J., dissents and assigns reasons. &nbsp;&nbsp;BY WEIMER, J.&nbsp;:<a href="/opinions/2003/2002kk1346.opn.pdf">2002-KK- 1346 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;STATE OF LOUISIANA v. LARRY WASHINGTON</a> (Parish of Concordia) (Armed Robbery and Forcible Rape) Finding the appellate court erred in partially granting Washington's writ and reversing the trial court's denial of his motion to quash, we reverse that portion of the appellate court's ruling. We remand this matter to the trial court for further proceedings consistent with this opinion. ORDER QUASHING RAPE INDICTMENT REVERSED; MATTER REMANDED TO DISTRICT COURT.KNOLL, J., concurs in the result.&nbsp;<a href="/opinions/2003/2002c2382.opn.pdf">2002-C- 2382 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;IRMA JOHNSON v. STATE OF LOUISIANA</a> (Parish of Ouachita) For reasons assigned, we are constrained to dismiss the writ of certiorari. WRIT OF CERTIORARI DISMISSED.&nbsp;&nbsp;PER CURIAM&nbsp;: <a href="/opinions/2003/2002b2960.pc.pdf">2002-B- 2960 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;IN RE: MICHAEL D. CALLAHAN</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, it is ordered that Michael D. Callahan be adjudged of additional violations warranting disbarment for his conduct in the Rachal matter and for his conduct resulting in a conviction for misdemeanor theft. These violations shall be added to his record for consideration in the event he seeks readmission from the disbarment imposed in&nbsp;<a href="/opinions/2001/00b3357.pc.pdf">In re: Callahan, 00-3357 (La. 3/23/01)&nbsp;</a>, 782 So.2d 624. For the conduct in the Hardison matter, it is ordered that respondent be suspended from the practice of law for a period of two years, with three months deferred. This suspension shall commence on the date respondent is eligible to seek readmission from the disbarment imposed in&nbsp;<a href="/opinions/2001/00b3357.pc.pdf">In re: Callahan, 00-3357 (La. 3/23/01)&nbsp;</a>, 782 So.2d 624. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2003/2002b3251.pc.pdf">2002-B- 3251 &nbsp;C/W 2002-B- 3252&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;IN RE: DONALD O. PINKSTON</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, it is ordered that the name of Donald O. Pinkston, Louisiana Bar Roll No. 17429, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, Section 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;&nbsp;&nbsp;</div>
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