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 1998 News Releases

News Release #074

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 074


FROM: CLERK OF SUPREME COURT OF LOUISIANA


The opinions handed down on the 9th day of September, 1998 , are as follows:


BY LEMMON, J. :

97-KA- 0338 STATE OF LOUISIANA v. JAMES TYLER, III (Parish of Caddo)

(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 either (a) defendant fails to petition the United States Supreme Court timely for certiorari; or (b) that Court denies his petition for certiorari and either (i) defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari, or (ii) that Court denies his petition for rehearing.

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


97-K - 1133 STATE OF LOUISIANA v. ELESTON FISHER (Parish of Orleans)

(Second Degree Murder)

Defendant's conviction and sentence are reversed, and the case is remanded to the district court for proceedings not inconsistent with this opinion.

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

97-C - 1531 CRESCENT TOWING & SALVAGE CO., INC. AND E. N. BISSO & SON, INC. v. ORMET CORPORATION AND THE GREATER BATON ROUGE PORT COMMISSION (Parish of East Baton Rouge)

For the foregoing reasons, the judgments of the lower courts are affirmed.

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

JOHNSON, J. - dissents.

KNOLL, J. - dissents and assigns reasons .

BY VICTORY, J. :

97-KA- 0999 STATE OF LOUISIANA v. MICHAEL A. COOKS (Parish of Caddo)

(First Degree Murder)

For the reasons assigned, the 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) the 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, 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. AFFIRMED.

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

CALOGERO, C.J. - concurs and will assign reasons.

98-KK- 0301 STATE OF LOUISIANA v. BAILEY MILLER, JR. (Parish of East Baton Rouge) (Molestation of a Juvenile; Two Counts)

For the reasons stated herein, the judgment of the court of appeal is affirmed.

AFFIRMED

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

CALOGERO, C.J. - concurs and will assign reasons.

BY TRAYLOR, J. :

7-C - 1653 PETE DAYE, AS PROVISIONAL TUTOR OF THE MINOR, SAMUEL GOODWIN v. GENERAL MOTORS CORPORATION, ET AL (Parish of Caddo)

For the foregoing reasons, we find the jury's conclusions are not a reasonable view of the evidence. We find the jury's determinations were manifestly erroneous. Therefore, we reverse the decisions of the trial court and court of appeal and find for the defendant.

REVERSED AND RENDERED.

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

CALOGERO, C.J. - dissents for the reasons assigned by Kimball, J.

KIMBALL, J. - dissents and assigns reasons.

KNOLL, J. - dissents for reasons assigned by Justice Kimball.

98-CA- 0475 ENTERGY LOUISIANA, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION, ET AL AND UTILITY TELEPHONE CONTROL OF LA. INC. (Parish of East Baton Rouge)

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

AFFIRMED.

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

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