October 19, 2010 - 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 #070</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;19th day of October, 2010, are as follows:&nbsp;BY VICTORY, J.:<a href="/opinions/2010/09c2368.opn.pdf">2009-C -2368 C/W 2009-C -2371 DONALD MARIN, SR., ENGSFELD F. MARIN, III, CLYDE J. BREAUX AND VERONICA MARIN BREAUX v. EXXON MOBIL CORPORATION, FORMERLY KNOWN AS AND SUCCESSOR IN INTEREST TO EXXON CORPORATION AND HUMBLE OIL &amp; REFINING COMPANY, ATLANTIC RICHFIELD COMPANY, LEGACY RESOURCES CO., L.P., MJF PROPERTY MANAGEMENT, L.L.C. AND MIKE BOURGEOIS&nbsp;</a>(Parish of St. Mary)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal is reversed in part and affirmed in part and the matter is remanded to the trial court to enter an order consistent with this opinion. REVERSED IN PART; AFFIRMED IN PART; REMANDED.JOHNSON, J., dissents in part and concurs in part for reasons assigned by Knoll, J. KNOLL, J., dissents in part and concurs in part, and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2010/10cj0754.opn.pdf">2010-CJ-0754 BRADLEY GRIFFITH v. RESA LATIOLAIS</a>&nbsp;(Parish of Lafayette)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal is reversed to the extent it granted sole custody of Cole Griffith to Resa Latiolais. The trial court judgment awarding joint custody of Cole Griffith to Resa Latiolais and Bradley Griffith is reinstated. Resa Latiolais is designated as the domiciliary parent. In all other respects, the judgment of the court of appeal is affirmed.&nbsp; REVERSED IN PART; AFFIRMED IN PART.KNOLL, J., concurs and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2010/10cc0038.opn.pdf">2010-CC-0038 C/W 2010-CC-0047 LATISHA HOLLAND v. LINCOLN GENERAL HOSPITAL, ET AL.</a>&nbsp;(Parish of Orleans) Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, the denial of the defendants' motion to transfer is reversed, vacated, and set aside. This matter is hereby transferred to the Third Judicial District Court for further proceedings consistent with this opinion. REVERSED IN PART; AFFIRMED IN PART; REMANDED.&nbsp;<a href="/opinions/2010/10cj1111.opn..pdf">2010-CJ-1111 STATE IN THE INTEREST OF H.A.B.</a>&nbsp;(Parish of Jefferson Davis)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed, and the District Court&rsquo;s judgment permanently and irrevocably terminating S.B.&rsquo;s parental rights pursuant to La. Child. Code art. 1015(5) is hereby reinstated. REVERSED; DISTRICT COURT JUDGMENT REINSTATED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2010/09c2746.opn.pdf">2009-C -2746 MONNA MATHIEU v. NEW ORLEANS PUBLIC LIBRARY</a>&nbsp;(Parish of Orleans)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.The decision of the court of appeal imposing a 90-day suspension is reversed and the sanction of termination upheld by the New Orleans Civil Service Commission is reinstated.&nbsp; REVERSED IN PART; TERMINATION REINSTATED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2010/09kk2695.opn.pdf">2009-KK-2695 STATE OF LOUISIANA v. DANIEL SMALLS</a>&nbsp;(Parish of Orleans)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, the commissioner below erred in denying the defendant&rsquo;s motion to transfer his case, or cause it to be re-allotted, to either the magistrate judge or one of the other sections of the Criminal District Court. That ruling is reversed, and the case is transferred to the Criminal District Court, which is ordered to re-allot the defendant&rsquo;s case to the magistrate judge or another section of the Criminal District Court. REVERSED AND TRANSFERRED TO THE CRIMINAL DISTRICT COURT TO BE RE-ALLOTTED.JOHNSON, J., concurs.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2010/09k2323.opn.pdf">2009-K -2323 STATE OF LOUISIANA v. RONNIE JOE BROOKS, JR.&nbsp;</a>(Parish of Bienville)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated above, we conclude that the court of appeal erred in modifying the jury&rsquo;s verdict. We reinstate defendant&rsquo;s original conviction and sentence for aggravated burglary. COURT OF APPEAL MODIFICATION OF VERDICT REVERSED; JUDGMENT OF CONVICTION OF SIMPLE BURGLARY OF AN INHABITED DWELLING VACATED; ORIGINAL VERDICT OF THE JURY AND SENTENCE IMPOSED BY THE TRIAL COURT REINSTATED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2010/09cc2645.opn.pdf">2009-CC-2645 DENNIS ALBRITTON, MONA ALBRITTON AND TIMOTHY ALBRITTON O / B / O&nbsp; DONALD ALBRITTON (D) v. GREG SALARD, M.D. JOHN REEVES, M. D. AND GLENWOOD REGIONAL MEDICAL CENTER</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, we recall our order of April 23, 2010 as improvidently granted, and we deny defendant&rsquo;s writ application.Weimer, J., dissents and assigns reasons. Victory, J., dissents and assigns reasons. <a href="/opinions/2010/09ok2660.opn.pdf">2009-OK-2660 STATE OF LOUISIANA v. TERRENCE C. HALL&nbsp;</a>(Parish of Jefferson)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, we recall the writ as improvidently granted. WRIT GRANT RECALLED; WRIT DENIED.WEIMER, J., concurs in part and dissents in part.&nbsp;<a href="/opinions/2010/09c2750.opn.pdf">2009-C -2750 DONNA HOWARD, INDIVIDUALLY AND ON BEHALF OF HER TWO MINOR CHILDREN, CHAD HOWARD AND KENDRA HOWARD, CLARENCE JOHNSON, JOYCE JOHNSON, ORVILLE JOHNSON AND HELEN JOHNSON v. UNION CARBIDE CORPORATION</a>&nbsp;(Parish of St. Charles)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, the judgment of the court of appeal is amended to reflect the following damage awards: Ella Mae Darensbourg ($100), Colleen Lathers ($100), Tone Silas ($100), Cynthia Johnson-Gordon ($100), June Gross ($150), Dorothy Richard ($150), Lisa McKnight ($250), Martin Granier ($500), Lionel Harry ($500), Anne Ockmond ($500), James McCormick ($500), and Franklin McGinnis ($500). In all other respects, the judgment, as amended, is affirmed.&nbsp; AMENDED AND AFFIRMED AS AMENDED.JOHNSON, J., dissents and assigns reasons. VICTORY, J., concurs and assigns reasons.&nbsp; KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2010/10cc0007.opn.pdf">2010-CC-0007 HERMAN CARRIER, INDIVIDUALLY AND IN HIS CAPACITY AS THE ADMINISTRATOR OF THE ESTATE OF HIS MINOR CHILD, HERMAN BLAKE CARRIER, AND HIS WIFE, WENDY WALLACE CARRIER v. CITY OF AMITE AND BELL SPORTS, INC. AND SEARS ROEBUCK AND CO.&nbsp;</a>(Parish of Tangipahoa)Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, the judgment of the district court is reversed. The motion for summary judgment filed by Sears, Roebuck Co. is granted, and judgment is entered in its favor dismissing the claims of plaintiffs with prejudice.&nbsp; REVERSED AND RENDERED.&nbsp;<a href="/opinions/2010/10b0670.opn.pdf">2010-B-0670 IN RE: DANIEL JAMES STANFORD AND JOHN KEVIN STOCKSTILL</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, oral argument, it is ordered that Daniel James Stanford, Louisiana Bar number 22639, and John Kevin Stockstill, Louisiana Bar number 23951, be and they hereby are suspended from the practice of law for six months. The suspensions shall be deferred, subject to the condition that respondents enroll and attend one full day of Ethics School offered by the Louisiana State Bar Association&rsquo;s Practice Assistance and Improvement Committee. 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&rsquo;s judgment until paid.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons. CLARK, J., dissents for reasons by Justice Johnson.&nbsp;<a href="/opinions/2010/10b0837.opn.pdf">2010-B -0837 IN RE: GERARD N. TORRY</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.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 Gerard N. Torry, Louisiana Bar Roll number 2150, be and he hereby is suspended from the practice of law for one year, with all but thirty days deferred, followed by a one-year period of unsupervised probation governed by the conditions set forth by the disciplinary board. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary 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&rsquo;s judgment until paid.&nbsp;<a href="/opinions/2010/10b0884.opn.pdf">2010-B -0884 IN RE: DANIEL E. BECNEL, III</a>Retired Judge Philip Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.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 Daniel E. Becnel, III, Louisiana Bar Roll number 20692, be and he hereby is suspended from the practice of law for one year. Three months of this suspension shall be deferred, subject to respondent&rsquo;s successful completion of a one-year period of unsupervised probation. Respondent is ordered as a condition of probation to make restitution to his client of the unearned portion of the $5,000 fee. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary 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&rsquo;s judgment until paid.&nbsp;
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