FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 041

FROM: CLERK OF SUPREME COURT OF LOUISIANA

On the 1st day of April, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

WRIT GRANTED WITH ORDER :

95-KK- 3084 STATE OF LOUISIANA v. ANNETTE M. ALBERT, ET AL (Parish of Jefferson)

CALOGERO, C.J. - votes to grant and docket.

LEMMON, J. - concurs. I voted to remand this case to the court of appeal for an opinion without recognizing that this was at the preliminary examination stage. Relator may reraise the "public place" issue on appeal on a full record in the event of conviction.
 

WRITS DENIED :

96-KK- 0087 STATE OF LOUISIANA v. MARVIN WILTON (Parish of Calcasieu)

96-C - 0457 LOUELLA D. MAYO, ET UX v. AUDUBON INDEMNITY INSURANCE COMPANY, ET AL (Parish of Caldwell)

On the 2nd day of April, 1996 , the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:
 

ALL PROCEEDINGS STAYED :

96-CC- 0833 RICHARD T. SMITH v. DESHA SWAYZE (Parish of Orleans)
 

STAY DENIED; WRIT DENIED :

96-KD- 0834 STATE OF LOUISIANA v. GEORGE McCLOW (Parish of Orleans)

CALOGERO, C.J. - concurs. I concur because I believe the majority in its simply denying the writ has not ruled on the merits of the Relator's Assignment of Error. Rather, the decision was rendered after all the evidence had been introduced. It was therefore denied in my view because the matter is moot. I believe that Relator may raise this issue anew in the event of conviction.

LEMMON, J. - concurs in the denial of the writ application based on the representation that the presentation of the evidence has been completed and the statement in question was not used.