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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