FOR IMMEDIATE
NEWS RELEASE
NEWS RELEASE
# 045
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The opinions
handed down on the 19th day of May, 1998
, are as follows:
BY
MARCUS, J. :
97-KA-
0641 STATE OF LOUISIANA v. FREDRICK DOMNE GRADLEY
(Parish of Rapides) (First Degree Murder)
For the reasons
assigned, defendant's conviction and death sentence
for the murder of Rita Rabalais 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 applying
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.
BY
LEMMON, J. :
97-CA-
1367 LOUISIANA SEAFOOD MANAGEMENT COUNCIL, ET AL v.
LOUISIANA WILDLIFE AND FISHERIES COMMISSION, ET AL
(Parish of East Baton Rouge)
Accordingly,
the judgment of the trial court declaring La. Rev.
Stat. 56:13.1 and La. Rev. Stat. 56:305B(14)(a) unconstitutional
and permanently enjoining the enforcement of those
provisions is reversed.
KIMBALL, J.
- not on panel, recused. Rule IV, Part 2, §3.
BY
KIMBALL, J. :
97-C
- 2412 RONALD S. RUIZ v. FRANK J. ONIATE, JR. C/W
FRANK J. ONIATE, JR. v. LANZIO MAGEE AND BOH BROS
CONSTRUCTION COMPANY, INC. C/W FRANK ONIATE, JR. v.
ST. JUDE MEDICAL CENTER, INC. C/W FRANK J. ONIATE,
JR. v. MAHORNER CLINIC, ET AL (Parish of Orleans)
For the reasons
assigned, we reverse the court of appeal's finding
that only employees with written employment contracts
are covered "persons" under the MLSSA. With respect
to all other arguments raised in Charity's application
for certiorari, the writ is recalled and denied. We
remand to the trial court for further proceedings
consistent with this opinion.
JOHNSON, J.
- not on panel. Rule IV, Part 2, §3.
BY
VICTORY, J. :
97-CC-
2005 EARL J. ADAMS, JR., ET AL v. J. E. MERIT CONSTRUCTION,
INC., ET AL (Parish of Plaquemines)
For the reasons
stated herein, the judgments of the trial court and
court of appeal denying JE Merit's Motion for Partial
Summary Judgment are reversed and judgment is entered
granting JE Merit's Motion for Partial Summary Judgment.
JE Merit's Motion for Protective Order is remanded
to the trial court for reconsideration in light of
this opinion.
REVERSED AND
REMANDED.
KIMBALL, J.
- not on panel. Rule IV, Part 2, §3.
CALOGERO,
C.J. - concurs in part, dissents in part and assigns
reasons .
LEMMON, J.
- concurs and assigns reasons.
JOHNSON, J.
- concurs in result.
KNOLL,
J. - concurs with reasons.
98-CA-
0056 PERFUSION SERVICES OF BAXTER HEALTHCARE CORPORATION
AND MR. PAUL WEBB v. HONORABLE MURPHY J. FOSTER, IN
HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA, ET
AL (Parish of East Baton Rouge)
For the reasons
stated herein, the trial court's finding of unconstitutionality
and granting of a preliminary injunction is reversed.
The trial court's further grant of a one-year preliminary
injunction is also reversed. The matter is remanded
to the trial court for further proceedings. REVERSED
AND REMANDED.
CALOGERO, C.J.
- not on panel. Rule IV, Part 2, §3.
