FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 031

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 14th day of April, 1998 , are as follows:

BY CALOGERO, C.J. :

95-KA- 1489 STATE OF LOUISIANA v. RICKY JOSEPH LANGLEY (Parish of East Baton Rouge) (First Degree Murder)

The defendant's conviction and sentence of death are hereby 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) the defendant fails to petition the United States Supreme Court timely for certiorari; (b) that court denied his petition for certiorari; (c) having filed for and 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.

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

BY MARCUS, J. :

97-C - 1843 STEPHEN R. LEJEUNE v. UNION PACIFIC RAILROAD, ET AL (Parish of Calcasieu)

For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated. All costs are assessed against plaintiff.

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

97-CA- 2233 CADDO-SHREVEPORT SALES AND USE TAX COMMISSION v. OFFICE OF MOTOR VEHICLES THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS OF THE STATE OF LOUISIANA (Parish of East Baton Rouge)

For the foregoing reasons we affirm the ruling of the trial court.

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

BY LEMMON, J. :

96-KK- 2719 STATE OF LOUISIANA v. MICHAEL FERNANDEZ (Parish of Orleans) (Armed Robbery)

The decisions of the lower courts are set aside, and the case is remanded to the trial court with instructions.

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

JOHNSON, J. - dissents and assigns reasons .

96-KA- 2973 STATE OF LOUISIANA v. SHAREEF COUSIN (Parish of Orleans)

(First Degree Murder)

For the foregoing reasons, the conviction of first degree murder and the sentence of death are reversed. The case is remanded to the district court for a new trial.

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

BY KIMBALL, J. :

97-C - 2121 WYNAT DEVELOPMENT COMPANY, AN ORDINARY LOUISIANA PARTNERSHIP, AND WYNAT DEVELOPMENT CORPORATION v. THE BOARD OF LEVEE COMMISSIONERS FOR THE PARISH OF ORLEANS (Parish of Orleans)

Because the terms of La.R.S. 13:5111 are clear and unambiguous and their application to cases such as the one presented here leads to no absurd consequences, we conclude La.R.S. 13:5111 applies to claims for compensation for land appropriated by resolution for levee purposes. The prescriptive period for Wynat's claim for compensation commenced upon the taking of its property by the Levee Board, which, here, is assumed to be August 15, 1983, the date Wynat received notice of the passage of the appropriating resolution. Wynat's claim for compensation for land appropriated by the Levee Board prescribed three years from this date pursuant to La.R.S. 13:5111. Accordingly, its suit filed on April 16, 1987, was prescribed and we therefore affirm the lower courts' decisions sustaining defendant's exception of prescription.

AFFIRMED.

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

LEMMON, J. - dissents and assigns reasons .

97-CA- 2885 RICHELLE A. SIMS KIMBALL AND EDWARD C. CAPRON, JR. VS. ALLSTATE INSURANCE COMPANY, ET AL C/W GENA DIMAIO VS. VICKY HARDING ET AL (Parish of East Baton Rouge)

We affirm that portion of the trial court's decision holding La.R.S. 13:5105(C) to be an unconstitutional special law concerning civil actions in violation of La.Const.Art.III, Section 12. We reverse the portions of the trial court's decision which held La.R.S. 13:5105(D) to be unconstitutional under La. Const. Art. XII, Section 10(C) and which held the City-Parish Resolution to be unconstitutional under La. Const. Art. VI, Section 25. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

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

LEMMON, J. - concurs in the result.

CONSOLIDATED WITH NO. 96-CA-2956

97-CA- 2956 THERESA LANCASTER AND RICHARD LANCASTER v. CITY OF ZACHARY, THE CITY OF BATON ROUGE/PARISH OF EAST BATON ROUGE, THE STATE OF LOUISIANA, THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (Parish of East Baton Rouge)

We affirm that portion of the trial court's decision holding La.R.S. 13:5105(C) to be an unconstitutional special law concerning civil actions in violation of La. Const.Art. III, Section 12. We reverse the portions of the trial court's decision which held La.R.S. 13:5105(D) to be unconstitutional under La.Const. Art. XII, Section 10(C) and which held the City-Parish Resolution to be unconstitutional under La.Const.Art. VI, Section 25.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

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

LEMMON, J. - concurs in the result.

BY VICTORY, J. :

97-C - 2413 BRIER LAKE, INC. v. HERBERT S. JONES (Parish of St. Tammany)

For the reasons stated herein, the judgment of the court of appeal ordering defendant to remove his carport and satellite dish is affirmed. The judgment of the court of appeal ordering defendant to remove his fence and to pay attorneys' fees in the amount of $16,500.00 is reversed. The judgment of the court of appeal ordering defendant to pay $1,831.45 in assessments plus thirty-five percent (35%) of that amount in interest, costs and attorneys' fees is reduced to $735.00, plus interest, costs and twenty percent (20%) attorneys' fees. AFFIRMED IN PART, REVERSED IN PART.

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

JOHNSON, J. - dissents.

KNOLL, J. - dissents and assigns reasons.

BY TRAYLOR, J. :

97-K - 0300 STATE OF LOUISIANA v. ADRIENNE HARRIS

(Parish of St. Tammany) (Manslaughter)

For the foregoing reasons, the defendant's conviction and sentence are affirmed.

AFFIRMED.

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

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

KIMBALL, J. - dissents and assigns reasons.

JOHNSON, J. - dissents.

97-KA- 0579 STATE OF LOUISIANA v. JAKE L. BOYD (Parish of Orleans)

(Battery Upon a Police Officer)

For the foregoing reasons, we hold that it was error to consider the challenge for vagueness at a preliminary stage of the proceedings. The order of the district court is hereby reversed and the case is remanded for a full trial on the merits in conformity with this opinion. REVERSED; REMANDED.

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

LEMMON, J. - concurs and will assign reasons.

KIMBALL, J. - concurs and assigns reasons.

JOHNSON, J. - dissents.

VICTORY, J. - concurs.

97-CC- 2028 IN RE: GAS WATER HEATER PRODUCTS LIABILITY LITIGATION

C/W 97-CC- 2033 IN RE: GAS WATER HEATER PRODUCTS LIABILITY LITIGATION

C/W 97-CC- 2035 IN RE: GAS WATER HEATER PRODUCTS LIABILITY and LITIGATION (Parish of Jefferson)

For the foregoing reasons, the Court of Appeal's holding is reversed and the case is remanded to the First Parish Court of the Parish of Jefferson for disposition in accordance with the views expressed in this opinion. REVERSED.

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

JOHNSON, J. - concurs in result.