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1997 News Releases

News Release #062

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 062

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 1st day of July, 1997 , are as follows:

BY CALOGERO, C.J. :

95-KA- 2850 CITY OF BATON ROUGE v. IZEAL KNOX AND CLAY ALEXANDER (Parish of East Baton Rouge)

C/W

95-KA- 3042 CITY OF BATON ROUGE v. GAIL GAUTREAUX C/W CITY OF BATON ROUGE v. GORDON ROBINSON (Parish of East Baton Rouge)

Accordingly, we affirm the judgments of the trial courts below in holding that Baton Rouge Code of Ordinance Title 13:1019 is preempted by state law and is therefore invalid. Since we affirm the courts below on the preemption issue, there is no need to review the trial court's finding of unconstitutionality, and defendant's constitutional challenges to Title 13:1019 are pretermitted.

AFFIRMED.

Judge Graydon K. Kitchens, Jr., 26th Judicial District Court, and Judge Ian W. Claiborne, 18th Judicial District Court, participating as justices ad hoc in place of Justice Jack C. Watson and Justice E. Joseph Bleich who were justices at the time of oral argument in this matter.

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

JOHNSON, J. - dissents and assigns reasons.

96-C - 2840 AARON BANKS, JR. v. INDUSTRIAL ROOFING & SHEET METAL WORKS, INC.(Office of Workers' Compensation District # 1W)

For the reasons given above, we reverse the judgment of the court of appeal. Further, we amend the judgment of the hearing officer to reflect that the claimant's award of maximum SEBs is to be reduced by 50% for each week that he refused or refused to accept rehabilitation services retroactive to February 9, 1995, the date upon which Banks first refused additional rehabilitation services. We, therefore, reinstate the hearing officer's judgment as amended.

REVERSED; HEARING OFFICER'S JUDGMENT REINSTATED AS AMENDED.

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

97-C - 0110 JAMES E. SHARBONO v. STEVE LANG & SON LOGGERS (Office of Workers' Compensation District # 1E)

For these reasons, the holding of the court of appeal is reversed. The judgment of the hearing officer is reinstated in all respects.

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

LEMMON, J. - concurs and assigns reasons.

BY MARCUS, J. :

92-KA- 2639 STATE OF LOUISIANA v. WILLIAM G. HAMILTON (Parish of Natchitoches)

For the reasons assigned, defendant's conviction for first degree murder is affirmed. Defendant's sentence of death is vacated and set aside and the case is remanded to the district court for a new sentencing hearing.

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

LEMMON, J. - subscribes to the opinion and assigns additional reasons.

BY LEMMON, J.:

93-KA- 2729 STATE OF LOUISIANA v. ADAM COMEAUX (Parish of Rapides)

(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) that Court denies his petition for certiorari; (c) having filed for an been denied certiorari, the 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.

Judge Graydon 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.

MARCUS, J. - not on panel.

KIMBALL, J. - concurs in result.

BY KIMBALL, J. :

96-KA- 0991 STATE OF LOUISIANA v. WILFRED ROME (Parish of Orleans)

(Vehicular Homicide)

SENTENCE SET ASIDE, AND CASE REMANDED FOR RE-SENTENCING.

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

LEMMON, J. - concurs and assigns reasons.

96-KA- 1680 STATE OF LOUISIANA v. JOHN MALACHI CONNOLLY, III (Parish of St. Mary) (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 an 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.

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

MARCUS, J. - concurs.

TRAYLOR, J. - concurs. [Ed. Note: added January 13, 1998.]

BY JOHNSON, J. :

96-C - 1711 COMM-CARE CORPORATION v. M. BOLIVAR BISHOP, ETC. (Parish of Beauregard)

C/W

96-C - 2455 COMM-CARE CORPORATION v. LOUISIANA TAX COMMISSION (Parish of East Baton Rouge)

For the reasons stated herein, the decision rendered by the First Circuit affirming the trial court's sustaining of the peremptory exception of prescription is affirmed. The decision of the Third Circuit is reversed and the trial court's granting of defendant's exception of prescription is reinstated.

AFFIRMED IN PART; REVERSED IN PART; RENDERED.

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

LEMMON, J. - dissents and assigns reasons.

VICTORY, J. - dissents for the reasons assigned by Justice Lemmon.

KNOLL, J. - dissents for the reasons assigned by Justice Lemmon.

96-C - 1716 C/W 96-C - 1727 LOUISIANA SMOKED PRODUCTS, INC. v. SAVOIE SAUSAGE AND FOOD PRODUCTS INC. (Parish of St. Landry)

For the reasons stated herein, the court affirms the court of appeal's decision insofar as it reverses the trial court's ruling and awards damages in favor of Louisiana Smoked Products, and against Savoie's Sausage and Food Products, Inc., in the amount of $53,772.53. AFFIRMED.

KNOLL, J. - not on panel. Supreme Court Rule IV, Part 2, 3. Recused.

LEMMON, J. - dissents and assigns reasons.

VICTORY, J. - dissents and assigns reasons.

BY VICTORY, J. :

96-C - 1979 CAPITAL CITY PRESS AND MIKE DUNNE v. THE EAST BATON ROUGE PARISH METROPOLITAN COUNCIL, GREATER BATON ROUGE METROPOLITAN AIRPORT AUTHORITY AND DON NIJOKA (Parish of East Baton Rouge)

For the reasons stated herein, the judgment of the court of appeal is reversed and judgment is rendered ordering defendants to release all applications for the position of Assistant Director of the East Baton Rouge Metropolitan Airport Authority. Defendants may delete or strike from the applications any information that is specifically excluded by law. The case is remanded to the trial court for a determination of reasonable attorney fees and costs.

REVERSED AND REMANDED.

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

96-C - 3028 REVA SPIEGAL, WIFE OF AND EDWARD FERRELL v. FIREMAN'S FUND INSURANCE CO., ET AL (Parish of Orleans)

The decision of the court of appeal is reversed and set aside insofar as it decrees that Fireman's Fund is liable on its policy limits for any amount in excess of $7,500 and for interest on the amount of damages awarded in excess of its policy limits. This case is remanded to the trial court, per the opinion of the court of appeal on remand, for entry of judgment, as modified herein.

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

BY TRAYLOR, J.:

96-KA- 0842 STATE OF LOUISIANA v. SCOTT JUDE BOURQUE (Parish of St. Mary) (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 an been denied certiorari, the 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.

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

 

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