FOR IMMEDIATE
NEWS RELEASE
NEWS RELEASE
# 021
FROM: CLERK
OF SUPREME COURT OF LOUISIANA
The opinions
handed down on the 13th day of March, 1998
, are as follows:
BY
JOHNSON, J. :
96-KA-
2302 STATE OF LOUISIANA v. TIMOTHY G. BYRD, SR., MORRIS
PELTIER AND PETER F. NICOLOSI (Parish of Acadia)
(Knowlingly
Storing Hazardous Waste)
For the foregoing
reasons, we find La.R.S. 30:2183(G)(1) constitutional
as applied by the State in the indictment against
the defendants and reverse the trial court's ruling.
This case is remanded to the trial court and the criminal
proceedings against the three named defendants listed
in count two of the indictment, shall proceed.
REVERSED AND
REMANDED.
VICTORY, J.
- not on panel. Rule IV, Part 2, §3.
MARCUS, J.
- dissents.
TRAYLOR, J.
- dissents for reasons assigned by Justice Knoll.
KNOLL,
J. - dissents and assigns reasons .
PER
CURIAM :
97-K
- 0965 STATE OF LOUISIANA v. TYRONE HUNTLEY (Parish
of Orleans)
(Possession
of Cocaine)
Accordingly,
the decision of the Fourth Circuit is reversed, the
defendant's conviction and sentence are reinstated,
and this case is remanded to the district court for
execution of that sentence.
TRAYLOR, J.
- not on panel. Rule IV, Part 2, §3.
JOHNSON, J.
- dissents.
