July 6, 2006 - 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 #039</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;The Opinions handed down on the&nbsp;6th day of July, 2006, are as follows: BY CALOGERO, C.J.: <a href="/opinions/2006/05C1935.pdf">2005-C- 1935 C/W 2005-C- 1940&nbsp; CHANDA JAN COVINGTON SPINOSA v. JOSEPH THOMAS SPINOSA</a>&nbsp;(Parish of E. Baton Rouge) The judgment of the court of appeal overruling the defendants' exceptions of subject-matter jurisdiction and venue are here affirmed. The case is remanded to the Family Court of East Baton Rouge Parish for such further proceedings as the parties deem necessary and not inconsistent with this opinion. AFFIRMED; REMANDED TO THE FAMILY COURT. Judge Dennis R. Bagneris, Sr., assigned as Justice Ad Hoc, for Associate Justice Chet D. Traylor, recused.&nbsp; BY JOHNSON, J.: <a href="/opinions/2006/05CJ1965.pdf">2005-CJ-1965 STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES, IN THE INTEREST OF D. F. v. L. T.</a>, JR. CONSOLIDATED WITH STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES, IN THE INTEREST OF J. T. v. L. T., JR. (Parish of Jefferson) Thus, we find that the lower courts erred in their rulings. We reversethe lower courts' judgments and remand the case to the trial court to reassess the father's child support obligation. REVERSED and REMANDED KNOLL, J., concurs in the result. &nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2006/05C2126.pdf">2005-C- 2126 CHRISTY SALVANT, INDIVIDUALLY, AND AS NATURAL TUTRIX OF HER MINOR SON,SHAWN LEWIS, JR. AND SHAWN LEWIS, SR. v. STATE OF LOUISIANA,</a>&nbsp;THE BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE, LOUISIANA STATE UNIVERSITY MEDICAL CENTER AT NEW ORLEANS MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, ET AL. (Parish of Orleans) For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment is reinstated. REVERSED. CALOGERO, C.J., dissents. JOHNSON, J., dissents and assigns reasons. &nbsp;<a href="/opinions/2006/06O0454.pdf">2006-O- 0454 IN RE: JUDGE TAMMY LEE,&nbsp;</a>MONROE CITY COURT, STATE OF LOUISIANA For the foregoing reasons, it is ordered that Judge Tammy D. Lee be, and she hereby is, suspended from judicial office for 120 days without pay. It is further ordered that Judge Lee reimburse and pay to the Judiciary Commission costs in the sum of $974.70 incurred in the investigation and prosecution of her case, pursuant to Supreme Court Rule XXIII, &sect; 22. RESPONDENT SUSPENDED, 120 DAYS WITHOUT PAY, AND CAST FOR COSTS. WEIMER, J., dissents as to the discipline imposed and assigns reasons. &nbsp;<a href="/opinions/2006/06CJ0501.pdf">2006-CJ-0501 STATE OF LOUISIANA IN THE INTEREST OF A.T., T.A., &amp; J.A.</a>(Parish of Livingston) For the reasons stated herein, the judgment of the court of appeal is affirmed. AFFIRMED. TRAYLOR, J., dissents. KNOLL, J., dissents and assigns reasons. &nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2006/04K3039.pdf">2004-K- 3039 STATE OF LOUISIANA v. MICKEL BRISCO</a>&nbsp;(Parish of Iberia) For the foregoing reasons, the decision of the court of appeal is reversed and the sentence imposed by the district court is reinstated. REVERSED; SENTENCE REINSTATED. Retired Judge Phillip C. Ciaccio, sitting ad hoc for Justice Catherine D. Kimball, not on panel. JOHNSON, J., dissents and assigns reasons. &nbsp;&nbsp;PER CURIAM: <a href="/opinions/2006/05B1871.pdf">2005-B- 1871 IN RE: MITCHELL REID LANDRY</a>&nbsp;(Disciplinary Board) 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 Mitchell Reid Landry, Louisiana Bar Roll number 24147, be suspended from the practice of law for a period of six months. It is further ordered that all but thirty days of the suspension shall be deferred and respondent shall be placed on unsupervised probation for six months, subject to the condition that any misconduct during this 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. TRAYLOR, J., dissents and would impose greater discipline. &nbsp;<a href="/opinions/2006/05C2378.pdf">2005-C- 2378 FRANK HAYNES v. UNITED PARCEL SERVICE</a>&nbsp;(Office Of Workers' Compensation, Dist. #1W) For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the Office of Workers' Compensation is reinstated. Both parties are to bear their own costs.&nbsp;
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