Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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1996 News Releases
News Release #009

FOR IMMEDIATE NEWS RELEASE

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 26th day of January, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

BY JOHNSON, J. :

95-CA- 0713 CHRISTINA N. AND JOSEPH P. WILLIAMS, ET AL v. STATE OF LOUISIANA, DEPARTMENT OF HEALTH AND HOSPITALS, ET AL (Parish of Jefferson)

Because of the unusual circumstances involved, that is, the Chamberlain decision being addressed for the first time during trial, in fairness to the plaintiffs and the defense (Attorney General) who was not properly served and had no time to prepare briefs or present arguments, the trial judge's ruling is set aside. The Trial Court is ordered to enter a judgment after proper consideration of the constitutional issue.

REVERSED AND REMANDED.

Chief Judge Morris A. Lottinger, Court of Appeal, First Circuit, has been assigned as Justice Pro Tempore, in place of Justice James Dennis.

WATSON J. - not on panel. Rule IV, Part 2, 3.

LEMMON, J. - concurs in the result.
 

PER CURIAM :

95-KO- 0577 STATE OF LOUISIANA v. DONALD J. VALE AND GAYLE P. C/W NEIDHARDT (Parish of Jefferson)

95-K - 1230 (Possession of Heroin with Intent to Distribute)

Accordingly, the judgment of the court of appeal is reversed, and the case is remanded to the court of appeal with instructions to conduct a harmless error analysis based on the record.

95-K - 1393 STATE OF LOUISIANA v. DAVID OMAR CELESTINE (Parish of Terrebonne) (Distribution of Cocaine; Obstruction of Justice)

Accordingly, we affirm relator's conviction, as amended, for simple possession of cocaine, vacated his sentence for obstruction of justice, and remand this case to the district court for resentencing on both counts. CONVICTION FOR DISTRIBUTION OF COCAINE AMENDED TO SIMPLE POSSESSION OF COCAINE AND SENTENCE VACATED; SENTENCE FOR OBSTRUCTION OF JUSTICE VACATED; CASE REMANDED FOR RESENTENCING.

KIMBALL, J. - concurs and assigns reasons

 
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