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 #030

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 030

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 8th day of March, 1996 , are as follows:
 

BY KIMBALL, J. :

95-CA- 2105 LOUISIANA ASSOCIATED GENERAL CONTRACTORS, INC. v. STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, ET AL (Parish of East Baton Rouge)

In conclusion, we affirm the trial court's granting of summary judgment, holding that the Act creates unconstitutional racial classifications through the use of minority set-asides and preferences, and we affirm the trial court's conclusion that because the remaining portions of the Act are not severable from the unconstitutional portions, the entire Act must be declared unconstitutional.

AFFIRMED.

Judge Burrel Carter, Jr., First Circuit Court of Appeal, sitting to fill the vacancy created by the resignation of Justice James L. Dennis.

LEMMON, J., not on panel. Rule IV, Part 2, 3.

JOHNSON, J. - dissents and assigns reasons.

95-CA- 2189 JODY W. MANUEL, STACY P. FORET, BURKE G. PIERROTTI AND WENDELL J. MANUEL v. STATE OF LOUISIANA, HONORABLE EDWIN W. EDWARDS, GOVERNOR; RICHARD P. IEYOUB, ATTORNEY GENERAL; J. WILLIAM PUCHEU, DISTRICT ATTORNEY; TERRY PITRE, COMMISSIONER, LOUISIANA OFFICE OF ALCOHOL BEVERAGE CONTROL, DEPARTMENT OF REVENUE AND TAXATION (Parish of Evangeline)

The trial court correctly held the State failed to overcome the presumption of unconstitutionality accorded the age classification contained in the challenged statutes and failed to carry its burden of showing the statutes' discriminatory classification of eighteen to twenty year olds substantially furthers an important governmental objective. We therefore affirm the trial court's declaration that La. R.S. 14:93.10 through La. R.S. 14:93.14, La. R.S. 26:90 and La. R.S. 26:286, insofar as they prohibit the sale to, purchase by, or purchase on behalf of, alcoholic beverages to persons eighteen to twenty years old, violate the prohibition against discriminatory classification of persons on the basis of age contained in Article I, Section 3 of the Louisiana Constitution of 1974.

AFFIRMED.

Judge Burrell Carter, Jr., First Circuit Court of Appeal, sitting by assignment to fill the vacancy created by the resignation of Justice James L. Dennis.

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

LEMMON, J. - dissents and assigns reasons.

JOHNSON, J. - dissents and assigns reasons .(Ed. Note: Released April 11, 1996)

VICTORY, J. - dissents and assigns reasons. (Ed. Note: Released March 11, 1996)
 

BY JOHNSON, J. :

95-C - 0794 JOHN R. CONTOIS, JR. AS REPRESENTATIVE OF THE ESTATE OF JOHN R. CONTOIS, SR. v. MARILYN MORRIS CONTOIS (Parish of Avoyelles)

For the foregoing reasons, the judgment of the court of appeal reversing the trial court's judgment in favor of Marilyn Contois is hereby reversed and the judgment of the trial court finding that the contributions were properly paid to Marilyn Contois as designated beneficiary is hereby reinstated

Judge Lemmie O. Hightower, Court of Appeal, Second Circuit, sitting by assignment in place of Justice James L. Dennis.

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

95-C - 1200 RICHARD A. RIZER AND CHERICE R. BALDWIN v. AMERICAN SURETY & FIDELITY INS. CO. ET AL (Parish of East Baton Rouge)

For the reasons assigned, the judgment of the court of appeal reversing the trial court's judgment maintaining USAA's exception of prescription is hereby reversed and the judgment of the trial court maintaining USAA's exception of prescription is hereby reinstated.

Judge Burrell J. Carter, Court of Appeal, First Circuit, sitting by assignment in the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit.

CARTER, J., recused, not on panel. Rule IV, Part 2, 3.

CALOGERO, C.J. - dissents and assigns reasons.

WATSON, J. - dissents and assigns reasons.
 

PER CURIAM :

95-KK- 1798 STATE OF LOUISIANA v. DONALD ROSS (Parish of Orleans)

(Second Degree Murder)

Accordingly, the ruling of the trial court is reversed to the extent that it bars admission of the defendant's statement in response to Detective Demma's question regarding the spent bullet casings. This case is remanded to the district court for all further proceedings in accord with the law.

The Honorable Vanessa Guidry-Whipple, Judge, Court of Appeal, First Circuit, sitting ad hoc for Calogero, C.J., recused.

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