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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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