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 1998 News Releases

News Release #099

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 099

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 1st day of December, 1998 , are as follows:

BY CALOGERO, C.J. :

97-KA- 1771 STATE OF LOUISIANA v. JEFFREY L. FROST (Parish of East Baton Rouge) (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 LSA-RS 15:567, until either (a) the 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.

AFFIRMED.

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

KIMBALL, J. - additionally concurs and assigns reasons.

TRAYLOR, J. - additionally concurs for reasons assigned by Justice Kimball.


98-O - 1735 IN RE: JUDGE GARY A. BOWERS

(Judiciary Commission of Louisiana)

Therefore, it is hereby ordered that respondent, Judge Gary A. Bowers of the First Judicial District Court for the Parish of Caddo, State of Louisiana, be censured for his inappropriate language and insensitive, discourteous and impatient behavior towards those appearing in his courtroom, a violation of Canons 1,2(A) and 3A(2) and (3) of the Code of Judicial Conduct, as they were written prior to the July 8, 1996 amendments. Respondent is cast with costs of this proceeding and shall pay the Louisiana Judiciary Commission the sum of $1,400, as reimbursement for expenses incurred by the Commission during its investigation and prosecution of this case. Supreme Court Rule XXIII, Section 22.

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

KIMBALL, J. - dissents and assigns reasons.

TRAYLOR, J. - dissents for reasons assigned by Kimball, J.

BY MARCUS, J. :

97-KA- 2790 STATE OF LOUISIANA v. TEDDY CHESTER (Parish of Jefferson)

(First Degree Murder)

For the reasons assigned, defendant's conviction and death sentence for the murder of John Adams 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 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.


98-C - 0948 WILSON PREJEAN, ET UX v. INDUSTRIAL CLEANUP INC., ET AL (Parish of Vermilion)

For the reasons assigned, the judgment of the court of appeal is vacated and set aside. The case is remanded to the district court for the taking of further evidence on defendant's exception of prescription and for a ruling on the exception consistent with the principles announced herein.

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

BY LEMMON, J.:

98-C - 0816 LESLIE RUSSELL, ET AL. v. CHARLES NOULLET, JR., ET AL. C/W JUANITA SLACK MILLER, WIFE OF/AND FREDERICK C. MILLER, JR., ET AL. v. CHARLES NOULLET, JR., ET AL. (Parish of Orleans)

For the foregoing reasons, the judgments of the lower courts are reversed, and judgment is rendered dismissing the consolidated actions against the City of New Orleans.

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

JOHNSON, J. - dissents and assigns reasons.


BY KIMBALL, J. :

98-C - 1063 RICHARD L. BROWN v. TEXAS-LA CARTAGE, INC.

(Office of Workers' Compensation District #2)

We find the hearing officer's failure to award penalties and attorney fees for defendants' failure to timely and adequately compensate plaintiff was manifestly erroneous. We therefore reverse the hearing officer and court of appeal as to these issues and remand the matter to the hearing officer for computation of penalties to be awarded and an assessment of attorney fees consistent with this opinion.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

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

BY VICTORY, J.:

97-C - 1086 C/W 98-C - 1125 NEIL HARRISON, ET AL v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS AND OFFICE OF STATE POLICE, ET AL (Parish of East Baton Rouge)

For the reasons stated herein, the decisions of the trial court and court of appeal holding the State Police and Harrah's liable for the false arrest of Harrison and Romero are reversed and the plaintiffs' complaint is dismissed.

REVERSED.

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

LEMMON, J. - concurs in part and dissents in part and assigns reasons.


98-B - 0662 IN RE: D. WARREN ASHY

(Disciplinary Proceedings)

For the reasons stated herein, it is the decision of this Court that respondent, D. Warren Ashy, be suspended from the practice of law for a period of two years. All costs of these proceedings are assessed against respondent.

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

BY TRAYLOR, J. :

97-K - 3065 STATE OF LOUISIANA v. JEROME BENJAMIN (Parish of Orleans) (Convicted Felon in Possession of a Firearm)

Finding that the police had a reasonable suspicion that defendant was committing or was about to commit a criminal offense, we reverse the Court of Appeal and reinstate both defendant's conviction and sentence. REVERSED.

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

JOHNSON, J. - dissents.

98-C - 0343  C/W  98-C - 0356 DUAL DRILLING COMPANY v. MILLS EQUIPMENT INVESTMENTS, INC. TRAVIS VOLLMERING, ATLAS IRON AND METAL COMPANY, DOYLE HENDERSON, AND SOUTHERN SCRAP OF MORGAN CITY, INC. (Parish of Orleans)

We remand this case to the trial court for findings consistent with this opinion and order the trial court to assign a tangible percentage of fault to each of the parties under La. Civ. Code art. 2323.

REVERSED; REMANDED.

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

PER CURIAM :

97-OB- 1004 IN RE: GARY M. SILVA

(Application for Admission to Bar)

Accordingly, it is ordered that the application for admission is denied.

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

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