FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 003

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 14th day of January, 1997 , are as follows:
 

BY CALOGERO, C.J.:

96-O - 2116 IN RE: JUDGE HENRY H. LEMOINE, JR.

On Recommendation for Discipline from the Judiciary Commission of Louisiana)

Respondent Judge Henry Lemoine is hereby publicly censured for misconduct.

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

VICTORY, J. - concurs and will assigns reasons.

BLEICH, J. - concurs.
 

BY MARCUS, J. :

96-KA- 0599 STATE OF LOUISIANA v. RICKI HART (Parish of Washington)

(Malfeasance in Office)

For the reasons assigned, the judgment of the trial court granting the motion to quash is reversed and the case is remanded to the district court for further proceedings.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, and Judge Ian W. Claiborne, 18th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich.

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

96-C - 1170 C/W 96-C - 1270 WILLIAM HENRY SANDERS v. CARL ZEAGLER, ET AL (Parish of LaSalle)

For the reasons assigned, the judgment of the court of appeal is reversed insofar as it affirms the award of $25,000 in damages for mental anguish to William Henry Sanders. In all other respects, the writs are recalled and denied.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court and Judge Ian W. Claiborne, 18th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich.

KITCHENS, J. ad hoc - not on panel. Rule IV, Part 2, 3.
 

BY LEMMON, J. :

95-K - 1876 STATE OF LOUISIANA v. FLOYD CARMICHAEL FRANKLIN (Parish of Terrebonne) (Five Counts Attempted Second Degree Murder; One Count Armed Robbery)

The judgment of the court of appeal affirming the conviction and sentence for armed robbery is affirmed. The judgment of the court of appeal affirming the conviction and sentence for five counts of attempted second degree murder is reversed, and defendant is discharged on these charges.

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

CALOGERO, C.J. - concurs in part, dissents in part and assigns reasons.

VICTORY, J. - concurs in part, but dissents from the reversal of defendant's convictions for attempted second degree murder.

96-C - 1112 CITY OF NEW ORLEANS v. T. L. JAMES & COMPANY, ET AL (Parish of Orleans)

The judgment of the court of appeal is reversed, and the judgment of the trial court maintaining the exception of prescription and dismissing the action is reinstated.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, and Judge Ian W. Claiborne, 18th Judicial District Court, have been assigned as Justices Ad Hoc in place of Justices Jack Crozier Watson and E. Joseph Bleich.

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

CALOGERO, C.J. - concurs.

JOHNSON, J. - dissents.
 

BY KIMBALL, J. :

96-CA- 0895 CAMERON PARISH SCHOOL BOARD v. ACANDS, INC. ET AL (Parish of Cameron)

RULING OF UNCONSTITUTIONALITY VACATED; EXCEPTION OF PRESCRIPTION GRANTED; DISMISSED.

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

LEMMON, J. - dissents and assigns reasons.

JOHNSON, J. - dissents.

(Not out yet) BLEICH, J. - dissents and will assign reasons.
 

BY JOHNSON, J. :

96-CA- 1417 CITY OF PLAQUEMINE, CITY LIGHT AND WATER PLANT VS. LOUISIANA PUBLIC SERVICE COMMISSION C/W CITY OF KAPLAN, LOUISIANA VS. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of East Baton Rouge)

We conclude that the district court has jurisdiction to adjudicate this matter and the Public Service Commission does not have any authority provided by law to regulate municipalities in this regard. For the foregoing reasons, we affirm the ruling of the trial court. AFFIRMED.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court and Judge Ian W. Claiborne, 18th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich.

CLAIBORNE, J. ad hoc, not on panel. Rule IV, Part 2, 3.

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

BY VICTORY, J. :

96-C - 0716 STATE OF LOUISIANA AND BEN MORRISON, as successor to Ralph Slaughter, SECRETARY, DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA v. BP EXPLORATION AND OIL INC. (Parish of Plaquemines)

C/W

96-C - 2218 STATE OF LOUISIANA AND BEN MORRISON, as successor to Ralph Slaughter, SECRETARY, DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA v. STAR ENTERPRISE (Parish of Orleans)

For the foregoing reasons, the court of appeal's decision in BP is reversed and judgment is entered dismissing the plaintiff's case. The court of appeal's decision in Star is affirmed and judgment is entered dismission plaintiff's case.

96-C-0716 REVERSED; CASE DISMISSED

96-C-2218 AFFIRMED; CASE DISMISSED

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

CALOGERO, C.J. - additionally concurs and assigns reasons.

(Not out yet) WATSON, J. - concurs as to refinery gas, but dissents as to coke-on-catalyst and will assign reasons.

LEMMON, J. - concurs in part and assigns reasons.

KIMBALL, J. - concurs in result only and assigns reasons.
 

BY KITCHENS, J., Ad Hoc :

96-K - 0766 STATE OF LOUISIANA v. JONATHAN HAWKINS (Parish of Orleans) (First Degree Murder)

For the reasons expressed, Mr. Hawkins' conviction and sentence are affirmed.

AFFIRMED.

Judge Graydon K. Kitchens, Jr., District Court Judge, 26th Judicial District Court and Judge Ian W. Claiborne, 18th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich.

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

CALOGERO, C.J. - dissents and assigns reasons. [Ed. Note: added 1/23/97]

JOHNSON, J. - dissents.

VICTORY, J. - concurs.

96-CA- 1423 ALMA PLANTATION, LTD v. LA. PUBLIC SERVICE COMMISSION (Parish of East Baton Rouge)

For these reasons, the case is remanded to the District Court for a decision using the correct standard of review.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, and Judge Ian W. Claiborne, 18th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich.

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

BY CLAIBORNE J. Ad Hoc :

96-C - 1158 JAMES C. BOYLE AND JUDITH BOYLE v. BOARD OF SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL & MECHANICAL COLLEGE (Parish of East Baton Rouge)

For the foregoing reasons, we reverse the judgment of the trial court and hold that the sidewalk depression did not create an unreasonable risk of harm.

Judge Ian W. Claiborne, 18th Judicial District Court, and Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, participating as associate justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich.

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