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 1997 News Releases

News Release #109

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 109

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 12th day of December, 1997 , are as follows:

BY LEMMON, J. :

96-KA- 1660 STATE OF LOUISIANA v. JAMES S. BALDWIN IV (Parish of DeSoto) (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) and that Court denies his petition for certiorari; and either, (i) having filed for and been denied certiorari, defendant fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (ii) that Court denies his petition for rehearing.

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

BY KIMBALL, J. :

97-O - 1143 IN RE: JUDGE THOMAS P. QUIRK

JUDICIARY COMMISSION OF LOUISIANA

RECOMMENDATION REJECTED.

TRAYLOR, J. - not on panel. Rule IV, Part 2, §3.

VICTORY, J . - assigns additional concurring reasons.

BY JOHNSON, J. :

97-CC- 0388 FELICIANO LEJANO AND MELINDA LEJANO v. K. S. BANDAK, ET AL (Parish of Jefferson)

For the foregoing reasons, we hold that the forum selection clause is enforceable. Accordingly, we affirm the judgment of the trial court, as affirmed by the court of appeal, granting defendants' partial motion for summary judgment.

AFFIRMED.

KNOLL, J. - not on panel. Rule IV, Part 2, §3.

KIMBALL, J . - concurs in part, dissents in part and assigns reasons.

VICTORY, J. - concurs in part and dissents in part for the reasons assigned by Justice Kimball.

BY VICTORY, J :

97-C - 0785 ALANA SUDWISCHER v. ESTATE OF PAUL C. HOFFPAUIR, et al (Parish of Acadia)

For the reasons stated herein, the court of appeal's judgment is affirmed.

AFFIRMED.

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

CALOGERO, C.J. - dissents, agreeing with Justice Lemmon's dissenting reasons, while referring as well to language in Succession of Bartie, 472 So.2d 578 (La. 1985).

LEMMON, J. - dissents and assigns reasons.

 

PER CURIAM :

97-KP- 0774 STATE OF LOUISIANA v. MICHAEL BLACK (Parish of

Terrebonne) (Probation Violation)

We therefore affirm the lower courts' rulings denying relator relief.

AFFIRMED.

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

97-C - 1076 STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. SAUL STONE, ET UX (Parish of St. Charles)

In view of the unusual circumstances presented and in order to preserve the appearance of a fair and impartial judiciary, we vacate the fifth circuit court of appeal opinion in this case, and remand to the second circuit court of appeal for briefing, argument and a new opinion.

LEMMON, J. - not on panel; recused. Rule IV, Part 2, §3.

97-B - 1820 IN RE: ROBERT E. PATRICK

DISCIPLINARY PROCEEDINGS

Accordingly, it is ordered that the charges against respondent, Robert E. Patrick, be dismissed.

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

TRAYLOR, J. - dissents.

97-B - 2114 IN RE: JACK M. BAILEY, JR.

DISCIPLINARY PROCEEDINGS

Accordingly, it is ordered that all disciplinary charges pending against respondent be dismissed.

TRAYLOR, J.- recused; Moon Landrieu, J., Court of Appeal, Fourth Circuit, sitting ad hoc.

VICTORY, J. - not on panel; recused. Rule IV, Part 2, §3.

LEMMON, J. - concurs and assigns reasons.

 

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