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 1996 News Releases

News Release #104

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 104

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 15th day of October, 1996 , are as follows:
 

BY CALOGERO, C.J. :

96-CA- 2022 HENRY R. MILLER, JR., ET AL v. CHARLES J. OUBRE, JR., ET AL (Parish of St. Charles)

For the foregoing reasons, we affirm the judgment of the Court of Appeal. St. Charles Parish Council Ordinances No. 96-6-4 and No. 96-6-5 are unconstitutional under the state constitution. Elections for these offices remain enjoined until such time as the Legislature is given a reasonable opportunity to reapportion these districts. Those justices of the peace and constables now serving shall remain in office until constitutional districts are created by the Legislature, and their successors are duly elected from legally drawn districts and are inducted into office. If the Legislature fails to redistrict the boundaries for justices of the peace and constables during its next legislative session, the parties herein shall have the right to apply for rehearing within fourteen days of the final day of the legislative session.

AFFIRMED.

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

BY MARCUS, J. :

96-K - 0221 STATE OF LOUISIANA v. GARY STACY (Parish of Caddo)

(Manslaughter, Two Counts)

For the reasons assigned, the judgment of the court of appeal is reversed. The case is remanded to the court of appeal to consider those assignments of error not previously reviewed by it, reserving to defendant the right to apply to this court to review all assignments of error, including those addressed by the court of appeal in its previous opinion.

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

96-C - 0434 ISSAC KNAPPER v. HARRY F. CONNICK AND DAVID PADDISON (Parish of Orleans)

For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the trial court granting David Paddison's motion for summary judgment is reinstated.

LEMMON, J. - concurs and will assign reasons.

JOHNSON, J. - dissents in part and will assign reasons.

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

BY WATSON, J. :

96-CA- 0592 EMBRY TEEL AND PATRICIA ANN TEEL v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT AND VIRGINIA WOLFE C/W VIRGINIA GILBERT WIFE OF AND CHARLES WOLFE, INDIVIDUALLY AND AS THE REPRESENTATIVE OF HIS MINOR SON DAVID WOLFE VS. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, EMBRY TEEL, LINDA HUPIN, AND AUTOMOTIVE CASUALTY INSURANCE CO. (Parish of Orleans)

We therefore vacate the trial court's declaration of unconstitutionality of R.S. 9:2800 and decline to address the constitutionality of that legislation. The matter is remanded to the court of appeal to consider the remaining issues raised by the parties.

DECLARATION OF UNCONSTITUTIONALITY VACATED; CASE REMANDED.

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

LEMMON, J. - dissents and assigns reasons.
 

BY KIMBALL, J.:

95-C - 2873 TRIANGLE MARINE, INC. v. JAMES R. SAVOIE, ETC. C/W MARINE ASSET MANAGEMENT CORPORATION v. JAMES R. SAVOIE, ETC., AND OTHER CONSOLIDATED CASES (Parish of Cameron)

C/W

95-C - 2885 MONTCO, INC. v. CAMERON PARISH, ET AL AND SIX OTHER CONSOLIDATED CASES (Parish of Cameron)

C/W

95-C - 2899 POINT MARINE, INC., ET AL v. JAMES R. SAVOIE, ETC. AND TEN OTHER CONSOLIDATED CASES (Parish of Cameron)

C/W

95-C - 2904 CAMERON BOAT RENTALS, INC., ET AL v. JAMES R. SAVOIE, ETC. AND OTHER CONSOLIDATED CASES (Parish of Cameron)

For these reasons, the judgment of the court of appeal is reversed. The case is remanded to the district court for further proceedings consistent with this opinion. It is so ordered.

REVERSED AND REMANDED.

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

WATSON, J. - dissents and assigns reasons.

JOHNSON, J. - dissents.

96-K - 0195 STATE OF LOUISIANA v. BRUCE YOUNG, JR. (Parish of East Baton Rouge) (Distribution of Cocaine)

Therefore, we find La. C.Cr.P. art. 881.2(A)(2) precludes defendant from appealing his sentence imposed in conformity with a plea agreement which was set forth in the record at the time of his plea. Thus, defendant's conviction and sentence are affirmed. AFFIRMED.

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

LEMMON, J. - concurs.

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

 

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