Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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 1997 News Releases

News Release #044

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 044

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 20th day of May, 1997 , are as follows:

BY CALOGERO, C.J. :

95-KA- 2499 STATE OF LOUISIANA v. DALE DWAYNE CRAIG (Parish of East Baton Rouge) (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.R.S. 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, 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.

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

96-K - 0786 STATE OF LOUISIANA v. ROBERT CALHOUN (Parish of East Baton Rouge) (Sexual Battery and Molestation of a Juvenile)

For the reasons given hereinabove, we reverse the court of appeal. Calhoun's motion to withdraw the guilty plea as to the Molestation of a Juvenile charge is granted. The case is remanded to the district court for further proceedings.

REVERSED AND REMANDED.

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

TRAYLOR, J. - dissents and assigns reasons. I further dissent for the reasons assigned by Justice Knoll.

KNOLL, J. - dissents and assigns reasons. I further dissent for the reasons assigned by Justice Traylor.

BY MARCUS, J. :

95-C - 2895 DIANNA M. THERIOT, INDIVIDUALLY AND ON BEHALF OF HER MINOR DAUGHTER, GINA M. THERIOT v. MIDLAND RISK INSURANCE COMPANY, ET AL (Parish of Calcasieu)

ON REHEARING

For the reasons assigned, the decision of the court of appeal is reversed. The judgment of the trial court denying damages and penalties pursuant to La. R.S. 22:1220 is reinstated. All costs are assessed against plaintiff.

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

96-C - 1027 KIMBERLY SYRIE v. VICTOR SCHILHAB, ET AL C/W ROBERT ETIE, ET AL v. VICTOR R. SCHILHAB, ET AL (Parish of Lafayette)

For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court dismissing the suit against Trooper Jake Segura and the State of Louisiana is reinstated. All costs are assessed against plaintiffs.

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

CALOGERO, C.J. - dissents for reasons assigned by Lemmon, J.

LEMMON, J. - dissents and assigns reasons.

JOHNSON, J. - dissents and assigns reasons.

 

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