July 10, 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 #040</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 10th day of July, 2006, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2006/05CC1036.pdf">2005-CC-1036	BETTY MCGEE, ET AL. v. A C AND S INC., ET AL. (Parish of Orleans)</a> For all the above reasons, we find that loss of enjoyment of life may be recoverable as a separate element of general damages that may beincluded on a jury verdict form. Therefore, we reverse the court ofappeal's ruling granting the motion in limine and reinstate the district court's ruling denying the motion in limine to preclude plaintiffs from asserting a claim for loss of enjoyment of life. REVERSED.VICTORY, J., dissents and assigns reasons. KNOLL, J., additionally concurs with reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2006/05KA0011.pdf">2005-KA-0011	STATE OF LOUISIANA v. DONALD LEE LEGER, JR. (Parish of St. Mary)</a> (First Degree Murder) For the reasons assigned herein, and within the unpublished appendix made part of this opinion, the defendant's conviction and sentence are affirmed.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) that 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 their 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. 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. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.&nbsp;<a href="/opinions/2006/05C1783.pdf">2005-C- 1783 C/W&nbsp; 2005-C- 1818&nbsp; SUSAN HILL v. SHELTER MUTUAL INSURANCE COMPANY, KATHLEEN R. CANNON, WILLIAM C. RICHARD AND U. S. AGENCIES CONSOLIDATED WITH: MICHAEL W. CANNON AND RANDALL L. CANNON v. SHELTER MUTUAL INSURANCE COMPANY, KATHLEEN R. CANNON, WILLIAM C. RICHARD AND U.S. AGENCIES (Parish of Ascension)</a> For the foregoing reasons, we affirm the decision of the court of appeal in part, reverse the decision of the court of appeal in part, and remand the matter to the trial court for further proceedings consistent with this opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2006/05K1569.pdf">2005-K- 1569	STATE OF LOUISIANA v. MELVIN ELIE (Parish of E. Baton Rouge) (Manslaughter)</a> For the foregoing reasons, we reverse the appellate court's judgment. We reinstate the defendant's jury conviction and the trial court'simposition of a sentence of twenty years at hard labor. REVERSED; DEFENDANT'S CONVICTION AND SENTENCE AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents.&nbsp;<a href="/opinions/2006/05KA2425.pdf">2005-KA-2425	STATE OF LOUISIANA v. JIMMY M. TURNER (Parish of Sabine)</a> (First Degree Murder - Two Counts) The judgment of the trial court is reversed, and the matter remanded for proceedings consistent with the views expressed herein.&nbsp; REVERSED AND REMANDED.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., dissents and will assign reasons. VICTORY, J., concurs and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2006/05C1418.pdf">2005-C- 1418	ALFRED KENNEDY, III v. SHERIFF OF EAST BATON ROUGE AND JACK IN THE BOX EASTERN DIVISION L.P. D/B/A JACK IN THE BOX (Parish of E. Baton Rouge)&nbsp;</a> The decision of the court of appeal with respect to defendant Jack in	the Box is reversed and the judgment of the district court granting summary judgment in favor of defendant Jack in the Box is reinstated. REVERSED.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2006/05CC1508.pdf">2005-CC-1508&nbsp;	C/W&nbsp; 2005-CC-1527&nbsp; THOMAS GARZA, SR., SANDRA GARZA AND THOMAS GARZA, JR. v. DELTA TAU DELTA FRATERNITY NATIONAL, DELTA TAU DELTA FRATERNITY LOCAL, SOUTHEASTERN LOUISIANA UNIVERSITY, HAMMOND CITY POLICE DEPARTMENT, OFFICER EDWIN BERGERON, PAUL UPSHAW, AND ABC INSURANCE COMPANY (Parish of E. Baton Rouge)</a> Because the portions of the suicide note presently in question do not qualify as an exception to the hearsay rule pursuant to La. C.E. art. 804(B)(2) or art. 803(3), the suicide note is inadmissible hearsay,requiring the reversal of the lower courts' rulings. JUDGMENT REVERSED; MATTER REMANDED.KIMBALL, J., dissents for reasons assigned by Traylor, J. JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/05CA1702.pdf">2005-CA-1702	IN RE: JOSEPH MELANCON, III (Parish of Tangipahoa)</a> Based on the lack of a proper evidentiary record, we conclude thedistrict court erroneously declared the statute unconstitutional anderroneously issued an injunction prohibiting its use. Thus, we reverse the judgment and dismiss plaintiff's petition. REVERSED; PETITION DISMISSED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2006/05K1905.pdf">2005-K- 1905	STATE OF LOUISIANA v. MATTHEW KELLEY (Parish of Orleans)</a> (Possession of Methamphetamine - One Count) (Possession of Hydrocodone - One Count, With Intent to Distribute) Accordingly, the decision of the court of appeal is reversed, anddefendant's convictions and sentences are reinstated, and defendant is restored to his active probationary status. DECISION OF COURT OF APPEAL REVERSED; CONVICTIONS AND SENTENCESREINSTATED.VICTORY, J., additonally concurring with reasons.&nbsp;
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