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1996 News Releases

News Release #063

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 063

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 31st day of May, 1996 , are as follows:

BY CALOGERO, C.J. :

95-CC- 2066 MARCIA THOMAS PENDLETON v. DR. ROBERT L. BARRETT, ET AL (Parish of Natchitoches)

For the foregoing reasons, we reverse the decision of the Court of Appeal in part and remand to the district court for further proceedings consistent herewith.

REVERSED IN PART AND REMANDED TO THE DISTRICT COURT.

Because of the vacancy created by the resignation of Dennis, J., now a judge on the United States Court of Appeals for the Fifth Circuit, there was no justice designated "not on panel" under Rule IV, Part 2, Section 3.

MARCUS, J. - dissents and assigns reasons.

LEMMON, J. - dissents and assigns reasons.

VICTORY, J. - dissents for the reasons assigned by Lemmon,.J.

PER CURIAM :

93-KH- 2536 STATE OF LOUISIANA v. GREGORY BECNEL (Parish of Jefferson) (Vehicular Homicide)

We therefore amend only that portion of the sentence imposed which calls for 60 months active probation to call instead for 36 months active probation; in all other respects, relator's sentence remains unchanged. This case is remanded for any further proceedings consistent with this opinion.

SENTENCE AMENDED; CASE REMANDED.

VICTORY, J. - not on panel. See Rule IV, Part 2, Section 3.

95-KK- 2483 STATE OF LOUISIANA v. DENARD ALONZO AND KATHALEEN JARVIS (Parish of Orleans) (Distribution of Controlled Dangerous Substances)

The trial court's judgment granting the defendants' motion to suppress is therefore reversed and this case is remanded to the district court for further proceedings.

JUDGMENT VACATED; CASE REMANDED.

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

95-K - 2784 STATE OF LOUISIANA v. KARRIE DEAN COOK (Parish of Lafayette) (Vehicular Homicide)

We therefore reverse the judgment of the court of appeal, reinstate the penalty imposed by the court, and remand this case for execution of sentence.

JUDGMENT REVERSED; SENTENCE REINSTATED; CASE REMANDED FOR EXECUTION OF SENTENCE.

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

95-K - 2920 STATE OF LOUISIANA v. LONNIE P. FONTENOT (Parish of Evangeline) (Theft)

Accordingly, The conviction of habitual offender sentence of eight years on count five is affirmed. The convictions and sentences on counts one through four are reversed, and defendant is discharged as to those charges.

MARCUS, J. - not on panel. See Rule IV, Part 2, Section 3.

WATSON, J. - dissents from reversing counts one through four, and concurs in affirming count five.

BLEICH, J. - dissents from reversing counts one through four, however, concurs in affirming count five.

95-KK- 3127 STATE OF LOUISIANA v. HYMEL VARNADO (Parish of Orleans) (Rape and Robbery)

Accordingly, the judgment of the district court granting the motion to suppress is vacated and this case is remanded for all further proceedings not inconsistent with this opinion.

JUDGMENT VACATED; CASE REMANDED.

BLEICH, J. - not on panel. See Rule IV, Part 2, Section 3.

 

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