October 21, 2003 - Opinions - Louisiana Supreme Court

<div>
 <div class="content">
 <div class="bcrumb">
 <ol class="row breadcrumb offprint">
 <li><a href="/">Home</a></li>
 <li><a href="CourtActions/2003">Court Actions</a></li>

<li class="active">
October 21, 2003 
 </li>

</ol>

</div>
 </div>

<div id="mainbodycontent" class="col col-md-12 mainbodycontent" style="margin-top:-10px;"> 
<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 #071</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;21st day of October, 2003, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2003/02k2812.opn.pdf">2002-K -2812 STATE OF LOUISIANA v. FRANK W. KANG</a>&nbsp;(Parish of Jefferson) (Second Degree Murder) For the reasons assigned, the judgment of the court of appeal is reversed and the case is remanded to the court of appeal for it to consider defendant's remaining assignment of error. REVERSED and REMANDEDCALOGERO, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03c0115.opn.pdf">2003-C -0115 ANTHONY CRANE RENTAL, L.P. v. RUFUS FRUGE, JR., DIRECTOR OF CALCASIEU PARISH SALES &amp; USE TAX DEPT.</a> (Parish of Calcasieu) For the foregoing reasons, we reverse the court of appeal's judgment regarding the assessment of interest, penalties and attorney fees and remand to the district court for a determination of the precise amount of sales and use taxes, interest, penalties and attorney fees owed by Anthony Crane Rental L.P. consistent with this opinion. COURT OF APPEAL JUDGMENT REVERSED IN PART; CASE REMANDED TO THE DISTRICT COURT.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2003/02c2984.opn.pdf">2002-C -2984 SUSAN DIANE STARKS ROSS v. BILLY WAYNE ROSS</a> (Parish of E. Baton Rouge) Accordingly, we reverse the lower courts' findings that Mr. Ross did not exert effort, skill or industry during the existence of the community property regime to produce the renewal commissions he received during the regime. We also reverse the lower courts' decision insofar as it places the burden of proof on Mrs. Starks to prove her entitlement to a share of renewal commissions during the marriage. REVERSED.VICTORY, J., concurs in the result. KNOLL, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2003/03c0202.opn.pdf">2003-C -0202 JODY AND LORA BORDELON INDIVIDUALLY, AND ON BEHALF OF THEIR MINOR CHILD, BRANDON v. MEDICAL CENTER OF BATON ROUGE&nbsp;AND ANDREW T. ZARUSKI, M.D.</a> (Parish of E. Baton Rouge) For the reasons expressed herein, the judgment of the court of appeal is affirmed. AFFIRMED.<a href="/opinions/2003/03o1412.opn.pdf">2003-O -1412 IN RE: JUDGE C. HUNTER KING&nbsp;CIVIL DISTRICT COURT</a> (Judiciary Commission of Louisiana) Accordingly, for the reasons stated herein, it is ordered, adjudged, and decreed that the respondent, Judge C. Hunter King of Section M of the Civil District Court for the Parish of Orleans, State of Louisiana, be, and is hereby, removed from office, and that his office be, and is hereby, declared to be vacant. Further, the respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, &Acirc;&sect;26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally we cast the respondent with $693.50 of the costs incurred in the investigation and prosecution of his case.&nbsp; REMOVAL FROM JUDICIAL OFFICE ORDERED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2003/02cc2888.opn.pdf">2002-CC-2888 LOIS LAZARD, ET AL. v. SHERIFF CHARLES FOTI, ET AL.</a> (Parish of Orleans) For the reasons assigned, the judgments of the trial court and the Court of Appeal, Fourth Circuit, are hereby reversed and the case is remanded to the trial court for judgment in accordance with the reasons stated herein.JOHNSON, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2003/02k3021.opn.pdf">2002-K -3021 STATE OF LOUISIANA v. CHANCE CEASER</a>&nbsp;(Parish of St. Landry) (Battery of a Police Officer - Two Counts) Accordingly, we reinstate the jury's verdict against defendant, as well as the sentence imposed by the trial court.KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2003/03kk0206.opn.pdf">2003-KK-0206 STATE OF LOUISIANA v. COREY MILLER, EMANUEL STEVENSON, AND LATASHA WITHERSPOON</a>&nbsp;(Parish of Jefferson) (Introduction and Possession of Contraband in a Correctional Center) For the foregoing reasons, the last sentence of La. R.S. 14:402(E) is stricken and declared unconstitutional. The judgments of the lower courts are reversed and set aside, and judgment is hereby rendered granting defendants' motions to quash. REVERSED. Retired Judge Robert L. Lobrano, assigned as Justice ad hoc, sitting in place of Chief Justice Pascal F. Calogero, recused.KIMBALL, J., concurs in the result. VICTORY, J., concurs in the result. LOBRANO, J., concurs in the result.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2003/03c0107.opn.pdf">2003-C -0107 BONNIE D. REED v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY</a> (Parish of Evangeline) Having found that the lower courts erred, we reverse the judgment against State Farm Mutual Automobile Insurance Company and in favor of plaintiff, Bonnie D. Reed, and dismiss her suit with prejudice. We pretermit all other issues urged by the parties.&nbsp; REVERSED AND RENDERED.&nbsp;<a href="/opinions/2003/03c0136.opn.pdf">2003-C -0136 NABORS DRILLING USA v. DAVID DAVIS</a>&nbsp;(Office of Workers' Compensation, District No. 4) The judgment of the court of appeal is therefore reversed and the judgment of the workers' compensation judge dismissing Nabors' demand seeking to terminate benefits pursuant to LSA-R.S. 23:1208.1 is hereby reinstated. REVERSED.&nbsp;<a href="/opinions/2003/03c0209.opn.pdf">2003-C -0209 SHIRLEY STINER v. ANTONI'S ITALIAN CAFE'</a>&nbsp;(Office of Workers' Compensation, District No. 4) For the foregoing reasons, the judgment of the workers' compensation judge granting claimant's motion for summary judgment and the opinion of the court of appeal affirming that judgment are reversed. The matter is remanded to the office of Workers' Compensation, District 4, for further review to determine whether claimant's right to workers' compensation benefits should be denied. REVERSED; REMANDED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2003/02b3131.pc.pdf">2002-B -3131 IN RE: JOHNNIE A. JONES, JR.</a> (Disciplinary Proceedings) 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 Johnnie A. Jones, Jr., Louisiana Bar Roll number 1083, be suspended from the practice of law in Louisiana for a period of three months. It is further ordered this suspension shall be fully deferred, and respondent shall be placed on probation for a period of two years. Any misconduct during the probationary period may be grounds for making the deferred 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, &Acirc;&sect;10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/03c0091.pc.pdf">2003-C -0091 IRIS MILLER v. ERIC D. CLOUT, III,&nbsp;BAKER HUGHES OILFIELD OPERATIONS, INC. AND NATIONAL UNION FIRE INSURANCE COMPANY</a> (Parish of Lafayette) For the reasons assigned, the judgment of the court of appeal insofar as it amended the judgment of the district court is reversed. The judgment of the district court is reinstated in its entirety. All costs in this court are assessed to plaintiff.&nbsp;<a href="/opinions/2003/03b0287.pc.pdf">2003-B -0287 IN RE: MICHAEL WAYNE KELLY&nbsp; C/W&nbsp; 2003-B -0509 IN RE: EVELYN C. KELLY</a> (Disciplinary Proceedings) For the reasons assigned, it is ordered that Michael Wayne Kelly, Louisiana Bar Roll No. 23159, be suspended from the practice of law for a period of six months, to commence from the finality of this judgment. It is ordered that Evelyn Denise Kelly, Louisiana Bar Roll No. 20457, be suspended from the practice of law for a period of six months, to commence six months from the finality of this judgment. All costs and expenses in the matter are assessed against respondents 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;<a href="/opinions/2003/03b1148.pc.pdf">2003-B -1148 IN RE: LAWRENCE D. SLEDGE</a> (Disciplinary Proceedings) 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 the name of Lawrence D. Sledge, a/k/a L. D. Sledge, Louisiana Bar Roll number 12132, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. 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.CALOGERO, C.J., dissents for reasons assigned by Weimer, J. KNOLL, J., concurs for additional reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
 </div>

</div>