FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 087

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 5th day of September, 1996 , are as follows:

BY LEMMON, J. :

92-KA- 1919 STATE OF LOUISIANA v. MARCUS HAMILTON (Parish of Orleans)

(First Degree Murder)

For the reasons assigned, 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. Rev. Stat. 15:567, until: (a) 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 Lemmie O. Hightower, Court of Appeal, Second 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.

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

95-C - 2057 ODELIA LEGER SMITH, ET AL v. AUDUBON INSURANCE COMPANY (Parish of St. Landry)

Accordingly, the judgment of the court of appeal is set aside, and the judgment of the trial court dismissing the action is reinstated.

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. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

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

WATSON, J. - concurs in the result.

JOHNSON, J. - dissents.
 

BY KIMBALL, J. :

95-KA- 1754 STATE OF LOUISIANA v. WILLARD ALLEN (Parish of Natchitoches)

For the reasons assigned, 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) defendant fails to petition to the United State Supreme Court timely for certiorari; (b) that Court denies his petition for certiorari; (c) having filed for and been denied certiorari, 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.

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

JOHNSON, J. - dissents and assigns reasons.

96-C - 0145 HUEY J. RIVET, ET AL v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION & DEVELOPMENT (Parish of St. Charles)

VACATED AND REMANDED.

LEMMON, J. - recused. Not on panel.

WATSON, J. - dissents.
 

BY JOHNSON, J.:

94-KA- 0756 STATE OF LOUISIANA v. JAMES E. DIVERS (Parish of Ouachita) (First Degree Murder; Two Counts)

For the reasons assigned, defendant's conviction and sentence are reversed, we pretermit discussion of defendant's other assignments of error and remand this case to the district court for a new trial.

REVERSED; CONVICTION VACATED; REMANDED.

Pursuant to Rule IV, Part 2, Section 3, Marcus, J. was not on panel.

WATSON, J. - dissents; see reasons assigned in State v. Maxie.

VICTORY, J. - concurs in the result.

BLEICH, J. - dissents; the trial judge did not commit error; written reasons assigned.

95-CC- 3074 FREDREK BIJOU v. ALTON OCHSNER MEDICAL FOUNDATION D/B/A OCHSNER FOUNDATION HOSPITAL, TULANE UNIVERSITY MEDICAL CENTER, AND EDWARD S. CONNOLLY, M.D. (Parish of Jefferson)

For the foregoing reasons, we hereby reverse the court of appeal's ruling that there exists a genuine issue of material fact on the issue of damages, and reinstate the judgment of the trial court.

REVERSED.

Pursuant to Rule IV, Part 2, Section 3, J. Watson was not on panel. The panel consisted of Justice Johnson, Chief Justice Calogero, and Justices Bleich, Kimball, Lemmon, Marcus, and Victory.

LEMMON, J. - concurs and assigns reasons.

VICTORY, J. - concurs and assigns reasons.

BLEICH, J. - dissents.
  

BY VICTORY, J. :

94-C - 1594 MICHAEL L. MCALPINE v. JONNIE FOX MCALPINE (Parish of Orleans)

ON REHEARING

For the reasons stated herein, the judgment of the court of appeal, reversing the trial court's dismissal of Mrs. McAlpine's claim for permanent alimony, is reversed and the trial court's judgment of March 24, 1993 is reinstated. The judgment of the trial court holding that the Mercedes Benz was not a gift to Mrs. McAlpine is affirmed.

REVERSED IN PART; AFFIRMED IN PART.

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. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

CALOGERO, C.J. - additionally assigns concurring reasons.

WATSON, J. - dissents and would hold that the contract between the lawyer and his wife invalid for duress.

JOHNSON, J. - concurring in part, dissenting in part and assigns reasons.

95-C - 2610 IN RE: SUCCESSION OF STELLA LESCALE VILLARRUBIA

(Parish of Orleans)

For the reasons stated herein, the judgment of the court of appeal is reversed and the judgment of the trial court reinstated.

REVERSED.

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, Sec. 3. Panel included Chief Justice Calogero and Justices Marcus, Watson, Lemmon, Kimball, Johnson and Victory.

LEMMON, J. - dissents and assigns reasons. [Editor's Note: dissent dated October 9, 1996]

96-C - 0047 GARY ALLEN HARPER v. STATE OF LOUSIANA, DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, ET AL (Parish of Grant)

For the reasons stated herein, the judgment of the court of appeal, holding the DPSC liable for plaintiff's injuries, is reversed.

REVERSED.

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

WATSON, J. - dissents, believing the lower courts were correct.

BLEICH, J. - dissents for the reason assigned by Watson, J.
 

BY WHIPPLE, J., AD HOC :

95-KA- 2226 STATE OF LOUISIANA v. EDMOND J. SANDIFER (Parish of Orleans) (Possession of Marijuana; Possession of Cocaine; Carrying Weapon)

For the reasons assigned, the judgment of the trial court, quashing the bill of information and declaring La. R.S. 14:95(E) unconstitutional, is reversed. The case is remanded to trial court for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

Chief Justice Calogero recused. Judge Vanessa Guidry-Whipple, Court of Appeal, First Circuit, participating as Justice Pro Tempore.

JOHNSON, J. - dissents and assigns reasons.