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 1998 News Releases

News Release #086

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 086

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 20th day of October, 1998 , are as follows:

BY MARCUS, J. :

97-KK- 2960 STATE OF LOUISIANA v. WILLIAM ROBERTSON (Parish of Orleans) (Possession With Intent to Distribute Cocaine)

For the reasons assigned, the judgment of the trial judge denying defendant's motion to suppress is reversed. The motion to suppress is granted. Case remanded to the district court for further proceedings.

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

TRAYLOR J. - concurs for the reasons assigned by Justice Knoll.

KNOLL, J. - concurs in the results and assigns reasons.
 
 

98-C - 0520 LOUISIANA FARM BUREAU MUTUAL INSURANCE COMPANY v. JOHN G. THOMPSON, III (Parish of Rapides)

For the reasons assigned, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. All costs of appeal are assessed against John G. Thompson, III.

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

BY LEMMON, J. :

96-KA- 2667 STATE OF LOUISIANA v. KEVAN BRUMFIELD (Parish of East Baton Rouge) (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.

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

97-C - 1074 ANGELA ARMSTRONG HICKEY AND SHAWN EDWARD HICKEY v. CENTENARY OYSTER HOUSE, ET AL (Parish of Caddo)

For the foregoing reasons, we reverse the decision of the court of appeal and reinstate the judgment of the trial court that granted a summary judgment to Colony Insurance Company.

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

JOHNSON, J. - dissents and assigns reasons.
 


 

BY JOHNSON, J. :

97-C - 1873 CARL J. KING, ET UX v. CADDO PARISH COMMISSION (Parish of Caddo)

For the reasons stated herein, we reverse the decision rendered by the trial court and the court of appeal, and we reinstate the decision of the Caddo Parish Commission.

REVERSED.

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

LEMMON, J. - concurs.

KNOLL, J. - concurs and assigns reasons.
 
 

98-O - 0122 IN RE: JUDGE JAMES BEST

(JUDICIARY COMMISSION OF LOUISIANA)

For the reasons stated above, it is ordered that Judge James Best of the Eighteenth Judicial District Court for the parishes of Iberville, Point Coupee, and West Baton Rouge, be and he is hereby publicly censured for violating Canons 1, 2, 3A(1),(2),(3), and (8), and article V, section 25C of the Louisiana Constitution of 1974. It is further ordered that Judge Best reimburse the Louisiana Judiciary Commission $1,575.56, which is the amount of costs incurred during the prosecution and investigation of this case.

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

 

BY VICTORY, J. :

97-K - 2918 STATE OF LOUISIANA v. MICHAEL MCARTHUR (Parish of Calcasieu) (Aggravated Rape; Aggravated Kidnapping and Aggravated Crime Against Nature)

For the reasons stated herein, the decisions of the trial court and court of appeal admitting other crimes evidence against defendant are reversed and defendant's convictions and sentences are vacated. The case is remanded to the trial court for a new trial consistent with this opinion.

REVERSED; CONVICTIONS AND SENTENCES VACATED; REMANDED FOR NEW TRIAL.

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

TRAYLOR, J. - dissents.
 
 

97-C - 3085 ROBERT J. CARBON, INDIVIDUALLY AND ON BEHALF OF HIS MINOR DAUGHTER, JENNIFER CARBON v. ALLSTATE INSURANCE COMPANY (Parish of Lafourche)

The judgment of the court of appeal is reversed and the case is remanded to the trial court for a new trial. REVERSED AND REMANDED.

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

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

JOHNSON, J. - dissents and assigns reasons.

KNOLL, J. - dissents and assigns reasons.

 

BY KNOLL, J. :

98-CA- 0601 CAT'S MEOW, INC. D/B/A CAT'S MEOW ET AL v. CITY OF NEW ORLEANS (Parish of Orleans)

For the foregoing reasons, we vacate and set aside the judgment of the lower court granting plaintiffs' motion for summary judgment. The case is remanded to the Civil District Court for the Parish of Orleans for further proceedings consistent with this opinion and the reasons expressed herein.

JUDGMENT VACATED AND CASE REMANDED.

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

LEMMON, J. - concurs.
 
 

98-CJ- 0922 STATE OF LOUISIANA IN THE INTEREST OF S.M., ET AL (Parish of Orleans)

For the foregoing reasons, the judgments of the lower courts are reversed and set aside, and this case is remanded to the juvenile court for a new Permanency Placement Plan hearing and/or hearing on a petition for the involuntary termination of parental rights to be held expeditiously and in accordance with the time frame established herein.

REVERSED AND REMANDED WITH INSTRUCTIONS FOR EXPEDITIOUS TREATMENT.

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

VICTORY, J. - concurs in the result.

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