November 29, 2006 - 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/2006">Court Actions</a></li>

<li class="active">
November 29, 2006 
 </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 #068</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;29th day of November, 2006, are as follows:&nbsp;BY KIMBALL, J.<a href="/opinions/2006/05k0992.pdf">2005-K -0992 STATE OF LOUISIANA v. TRON HUGHES</a>&nbsp;(Parish of Orleans) (Manslaughter) For all the above reasons, we find the court of appeal erred indetermining that no rational trier of fact could have found the identity of the perpetrator proven beyond a reasonable doubt. Consequently, we reverse the judgment of the court of appeal and reinstate defendant's conviction and sentence. The case is remanded to the court of appeal for it to consider defendant's remaining assignment of error. REVERSED. CONVICTION AND SENTENCE REINSTATED. REMANDED TO COURT OF APPEAL FOR CONSIDERATION OF REMAINING ASSIGNMENT OF ERROR.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/06cc0363.pdf">2006-CC-0363 TAMMY KAY DUNCAN v. U.S.A.A. INSURANCE COMPANY, JAMES S. CAMERON ANDMALONI R. SARTIN-WHITE, WESTERN HERITAGE INSURANCE COMPANY</a>&nbsp;(Parish of Jefferson) Accordingly, we affirm the decision of the court of appeal grantingplaintiff's motion for summary judgment and denying defendant's motion for summary judgment. AFFIRMED.VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2006/05ca2578.pdf">2005-CA-2578 C/W 2005-CA-2579 VOICESTREAM GSM I OPERATING CO., LLC AND COOK INLET/VS GSM IV PSC, LLC v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) After a thorough review of LSPC's General Order dated April 29, 2005, we conclude that the implementation of the SUSF is consistent with the Louisiana Constitution as well as with the Telecommunications Act of 1996. Because the LPSC's order is accorded great weight, it may not beoverturned absent an affirmative showing that the decision was arbitrary, capricious, or a clear abuse of discretion or not based on the factual evidence presented. AFFIRMED.&nbsp;BY TRAYLOR, J.:<a href="/opinions/2006/05c1139.pdf">2005-C -1139 JOHN LAM, A MINOR, THROUGH THOM LAM IN HIS CAPACITY AS THE ADMINISTRATOR OF THE ESTATE OF HIS MINOR CHILD, JOHN LAM v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, THOMAS PERINO, MILDRED PERINO INDIVIDUALLY AND AS THE ADMINISTRATOR OF THE ESTATE OF THOMAS PERINO, SALVADOR PERINO INDIVIDUALLY AND AS THE ADMINISTRATOR OF THE ESTATE OF THOMAS PERINO, ET AL.</a>&nbsp;(Parish of Orleans) For the foregoing reasons, we reverse in part and affirm in part theruling of the court of appeal. REVERSED IN PART AND AFFIRMED IN PART.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/06k0207.pdf">2006-K -0207 STATE OF LOUISIANA v. LESLIE OTTO ORDODI</a>&nbsp;(Parish of Iberia) (Attempted Armed Robbery - Two Counts) For the foregoing reasons, the judgment of the court of appeal isreversed. Defendant's convictions and sentence are affirmed.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/06c0582.pdf">2006-C -0582 HOLLY &amp; SMITH ARCHITECTS, INC. v. ST. HELENA CONGREGATE FACILITY, INC.AND ST. HELENA PARISH HOSPITAL</a>&nbsp;(Parish of St. Helena) Accordingly, for the foregoing reasons, the judgment of the appellatecourt is affirmed as to its result only. AFFIRMED AS TO RESULT ONLY.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., additionally concurs and assigns reasons. KNOLL, J., dissents for reasons assigned by C. J. Calogero.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2006/04k3139.pdf">2004-K -3139 STATE OF LOUISIANA v. KEITH MARSHALL A/K/A GREGORY MARSHALL</a>&nbsp;(Parish of Orleans) (Possession of Cocaine) Accordingly, the court of appeal erred by reversing Defendant's conviction and sentence based on insufficient evidence. The judgment ofthe court of appeal is therefore reversed, Defendant's conviction and sentence are reinstated, and this case is remanded to the district court for purposes of execution and sentence. REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2006/06c0575.pdf">2006-C -0575 WILLIAM MARKS v. NEW ORLEANS POLICE DEPARTMENT</a>&nbsp;(Orleans Civil Service Commission) For the foregoing reasons, the decision of the appellate court isreversed and the matter remanded for consideration of appellant's other assignments of error. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2006/06c0983.pdf">2006-C -0983 JEREMY DEAN FOLEY AND JOY DAWN FOLEY, INDIVIDUALLY AND ON BEHALF OFTHEIR MINOR CHILDREN, NIKOLAS FOLEY AND DYLAN FOLEY v. ENTERGYLOUISIANA, INC., FELICIANA, A LOUISIANA PARTNERSHIP IN COMMENDAM ANDLATTER &amp; BLUM, INC.</a>&nbsp;(Parish of Orleans) For the reasons expressed above, we affirm the conclusion of the courtof appeal insofar as it assesses Entergy with at least partialresponsibility for the damages incurred by the plaintiffs and assigns no fault to either WFMFT or Latter &amp; Blum. However, we reverse thejudgment of the court of appeal insofar as it amends the districtcourt's judgment with respect to allocation of fault. That portion ofthe district court judgment allocating thirty-five percent of the faultfor this accident to Entergy and twenty percent to Jeremy Foley is reinstated. AFFIRMED IN PART; REVERSED IN PART AND RENDERED.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons and additionally concurs.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2006/05ob0999.pdf">2005-OB-0999 IN RE: JOSEPH AIAVOLASITI KOTT</a> (Committee on Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied. Petitioner may not reapply for admission for a periodof at least eighteen months from the finality of this judgment.CALOGERO, C.J., dissents and would admit petitioner conditionally. KIMBALL, J., dissents and assigns reasons. KNOLL, J., dissents and would conditionally admit petitioner.&nbsp;<a href="/opinions/2006/06kk0312.pdf">2006-KK-0312 STATE OF LOUISIANA v. FARRELL PORCHE</a>&nbsp;(Parish of Jefferson) (Possession of Cocaine) The trial court's judgment granting respondent's motion to suppress is therefore vacated, the motion is denied, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. TRIAL COURT'S RULING REVERSED; MOTION TO SUPPRESS DENIED; CASE REMANDED.&nbsp;<a href="/opinions/2006/06b0630.pdf">2006-B -0630 IN RE: EDDIE DOUGLAS AUSTIN, 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 the formal charges against respondent, Eddie Douglas Austin, Jr., be and hereby are dismissed.JOHNSON, J., dissents. TRAYLOR, J., dissents. KNOLL, J., dissents.&nbsp;&nbsp;
 </div>

</div>