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 1996 News Releases

News Release #025

FOR IMMEDIATE NEWS RELEASE

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 28th day of February, 1996 , are as follows:
  

BY MARCUS, J. :

95-K - 1377 STATE OF LOUISIANA v. LEONARD CUMMINGS (Parish of West Feliciana) (Distribution of Cocaine)

For the reasons assigned, the judgment of the court of appeal is reversed insofar as it sets aside defendant's conviction for distribution of cocaine. Defendant's conviction for distribution of cocaine is reinstated. In all other respects, the judgment of the court of appeal is affirmed. The case is remanded to the district court to hold a new sentencing hearing in accordance with La. R.S. 15:529.1

95-C - 1651 IGNATIUS J. BARRECA v. WILLIAM COBB, ET AL (Parish of Jefferson)

For the reasons assigned, the judgment of the court of appeal is reversed. The case is remanded to the district court in order to distribute funds in accordance with this opinion. All costs are assessed against Blue Cross.

Judge Philip C. Ciaccio, Court of Appeal, Fourth Circuit, sitting in place of Kimball, J., recused.

KIMBALL, J. - recused.
 

BY WATSON, J. :

95-C - 0053 BURTON OLIVIER, ET UX v. PATRICK D. LEJEUNE AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Parish of St. Martin)

Under the circumstances presented here, the trail judge did not abuse his discretion in admitting into evidence the surveillance videotape of the plaintiff. The court of appeal judgment is vacated and the matter is remanded to the court of appeal to review the award of damages under the "much discretion" standard of review.

VACATED AND REMANDED.

Judge Ned E. Doucet, Court of Appeal, Third Circuit, sitting by assignment in the vacancy created by the resignation of Dennis, J.

CALOGERO, C.J., not on panel. Rule IV, Sec. 3.

JOHNSON, J. - dissents and assigns reasons.
 

95-C-1387 HILLARD J. MATTHEWS v. FARLEY INDUSTRIES

C/W LANA S. MARTIN v. TEXACO, INC.

95-C-1796 For the foregoing reasons, the judgment in Matthews v. Farley Industries, 95-49 (La. App. 3 Cir. 5/3/95), 657 So.2d 191, is reversed. Hilliard J. Matthews' claim for modification of the adverse trial court judgment is dismissed with prejudice.

REVERSED AND RENDERED.

For the foregoing reasons, the judgment in Martin v. Texaco, 94-2412 (La. App. 1 Cir. 5/5/95), 655 So.2d 549, is affirmed.

AFFIRMED.

CALOGERO, C.J. dissents for reasons assigned by Lemmon, J.

LEMMON, J., dissents and assigns reasons.

JOHNSON, J., dissents for reasons assigned by Lemmon, J.
 

BY LEMMON, J. :

5-CC- 1456 JULIA MCCARTHY WIFE OF JAMES MCCARTHY v. WILLIAM BERMAN, D.C. AND HIS INSURER, NATIONAL CHIROPRACTIC MUTUAL INSURANCE COMPANY, HIS EXCESS INSURER,AND ALLSTATE INSURANCE COMPANY (Parish of Jefferson)

For these reasons, the judgment of the court of appeal is set aside, the motion for summary judgment is granted, and Allstate Insurance Company is dismissed from the action.

Judge Burrell J. Carter, Court of Appeal, First Circuit, sitting by assignment in the vacancy created by the resignation of Dennis, J.

KIMBALL, J. not on panel. Rule IV, Part 2, Sec. 3

WATSON, J. - dissents and assigns reasons.

JOHNSON, J. - dissents for reasons assigned by Watson, J.

CARTER, J. - dissents for reasons assigned by Watson, J.

95-CA- 2621 ZOLA HAYNES MOORE v. RLCC TECHNOLOGIES, INC., ET AL (Parish of Caldwell)

Accordingly, the judgment of the trail court declaring La. Rev. Stat. 23:1032 and La. Rev. Stat. 23:1061 unconstitutional is reversed. This case is remanded to the trial court for further proceedings.
 

BY VICTORY, J. :

93-KO- 1644 STATE OF LOUISIANA v. STEVEN QUATREVINGT (Parish of Orleans) (First Degree Murder)

For the reasons expressed, Mr. Quatrevingt's conviction and sentence are affirmed.

AFFIRMED

Judge Lemmie O. Hightower, Court of Appeal, Second Circuit, participating as Associate Justice Pro Tempore, in place of Associate Justice James L. Dennis.

CALOGERO, C.J., not on panel. Rule IV, Part 2, Sec. 3.

93-KA- 2201 STATE OF LOUISIANA v. FELTUS TAYLOR (Parish of East Baton Rouge) (First Degree Murder)

For the reasons assigned, the defendant's conviction and sentence are affirmed for all purposes except that this judgment shall not serve as a condition precedent to execution as provided by La. R.S. 15:567 until: (a) the defendant fails to petition the United States Supreme Court timely for certiorari; (b) that Court denies his petition for certiorari; (c) having filed for and been denied certiorari, the defendant fails to petition the United States Supreme Court timely, under their prevailing rules, for rehearing of denial of certiorari; or (d) that Court denies his application for rehearing.

Judge Ned E. Doucet, Jr., Court of Appeal, Third Circuit, participating as Associate Justice Pro Tempore, in place of former Associate Justice James L. Dennis.

CALOGERO, C.J., not on panel. Rule IV, Sec. 3.

95-CA- 1263 NORMAN DEUMITE, ET AL v. STATE OF LOUISIANA, ET AL (Parish of Pointe Coupee)

The trial court's declaration of unconstitutionality of La.R.S. 9:2795 (E) is vacated, and the case is remanded to the Louisiana First Circuit Court of Appeal for consideration of all remaining issues, including whether False River and its water bottoms meet the Keelen test.

DECLARATION OF UNCONSTITUTIONALITY VACATED; CASE REMANDED.

Kimball, J., recused. Judge Burrell J. Carter, Court of Appeal First Circuit, participating as Associate Justice Pro Tempore

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - concurs.

95-C - 1649 ALINE SEGURA TUCKER v. VIVIAN CROWSON MAGETTE TUCKER FOWLER (Parish of Iberia)

For the foregoing reasons, we reverse the court of appeal's decision as it held that Sheriff Romero was not entitled to collect a commission, and render judgment in favor of Sheriff Errol Romero and against Aline Segura Tucker for the sum of Six Hundred and Nineteen Dollars ($619.00). All costs are assessed to Aline Segura Tucker.

REVERSED AND RENDERED.

MARCUS, J. - dissents and assigns reasons.

LEMMON, J. - concurs and assigns reasons.

JOHNSON, J. - dissents.
 

PER CURIAM:

94-B - 3005 IN RE: FRANK J. D'AMICO, JR.

For these reasons, all of the charges in both actions are dismissed.

VICTORY, J. - dissents and assigns reasons.

 

 

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