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1999 News Releases

News Release #030

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 030

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 13th day of April, 1999 , are as follows:

BY MARCUS, J. :

98-CC- 2003 SHERRY ADAMS AND TERRY BRYANT v. WILLIAM THOMAS, KELLY THOMAS, GEORGE MICHLER, LYNN MICHLER , ET AL (Parish of Orleans)

C/W

98-C - 2005 STEVEN SEARCY AND BARBARA H. SMITH v. AUTOMOTIVE CASUALTY INSURANCE COMPANY, KENNYETTA BROWN AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

(Parish of Jefferson)

For the reasons assigned in Adams v. Thomas , 98-CC-2003, the judgment of the court of appeal in favor of Regal Insurance Company and against William and Kelly Thomas is reversed. The case is remanded to the trial court for further proceedings. All costs are assessed against Regal.

For the reasons assigned, in Searcy v. Automotive Casualty Insurance Co. , 98-C-2005, the judgment of the court of appeal is affirmed. All costs of the proceedings before this court are assessed against Automotive Casualty Insurance Company.

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

LEMMON, J. - concurs and assigns reasons .

VICTORY, J. - concurs with reasons.
 
 

98-O - 2882 IN RE: JUDGE PAUL R. WIMBISH

(JUDICIARY COMMISSION)

It is ordered, adjudged, and decreed that respondent, Judge Paul R. Wimbish, of the Thirty-Second Judicial District Court for the Parish of Terrebonne, State of Louisiana, be, and is hereby, publicly censured. Judge Wimbish is further ordered to pay the costs incurred in the investigaton and prosecution of this case pursuant to La. Sup. Ct. Rule XXIII, §22.

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

JOHNSON, J. - dissents and would impose a more severe sanction.

TRAYLOR, J. - dissents and would impose a more severe sanction.

KNOLL, J. - dissents and would impose a more severe sanction.

 

BY LEMMON, J. :

96-KA- 1687 STATE OF LOUISIANA v. JULIUS LUCKY (Parish of Jefferson)

(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 provied 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.

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

98-K - 1558 STATE OF LOUISIANA v. BRENDA RODRIQUE [Ed. Note: a/k/a Brenda Rodrigue] (Parish of East Baton Rouge) (Second Degree Murder)

Accordingly, the judgment of the court of appeal is set aside, the conviction is reversed, and the case is remanded to the district court for further proceedings.

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

 

BY KIMBALL, J. :

98-KA- 1388 STATE OF LOUISIANA v. TERRY EARL CASTLEBERRY, SR. (Parish of St. Landry) (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.R.S. 15:567, until either: (1) defendant fails to petition the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari and either (a) 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 (b) that Court denies his petition for rehearing.

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

 

BY JOHNSON, J. :

98-C - 1004 GARY BORDES v. ROSELYN ZITO BORDES (Parish of Jefferson)

For the foregoing reasons, we reverse the portion of the court of appeal judgment finding the benefits received from the Parochial Employees' Retirement System of Louisiana are community property. It is ordered that there be judgment in favor of Mr. Bordes, and against Ms. Bordes, that the disability retirement benefits received from the Parochial Employees' Retirement System of Louisiana are his separate property. Further, it is ordered that there be judgment in favor of Ms. Bordes recognizing her 23% interest in the retirement benefits to be paid by the Parochial Employees' Retirement System of Louisiana and the Employees' Retirement System of Jefferson Parish effective May 17, 2012. The matter is remanded to the trial court for further proceedings in accordance with this order.

REVERSED AND REMANDED.

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

VICTORY, J. - concurs.
 
 

98-KK- 2277 IN RE: GRAND JURY (Parish of East Baton Rouge)

[Ed. Note: Edwin Edwards grand jury]

For the aforementioned reasons, the decision of the Court of Appeal is affirmed and this matter is remanded to the district court for proceedings consistent with this opinion.

AFFIRMED AND REMANDED.

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

VICTORY, J. - dissents and assigns reasons.

 

BY VICTORY, J. :

98-CC- 1126 EVELYN DECUIR RUCKSTUHL AND RICHARD E. RUCKSTUHL v. OWENS CORNING FIBERGLAS CORPORATION, ET AL (Parish of East Baton Rouge)

For the reasons stated herein, the judgment of the court of appeal is reversed and H&V's declinatory exception of lack of personal jurisdiction is denied. The case is remanded to the trial court for further proceedings. REVERSED AND REMANDED.

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

TRAYLOR, J. - dissents and will assign reasons.

98-C - 1981 HOUSTON R. WILLIAMS, ET AL v. CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE, ET AL

C/W 98-C - 2024 JOHN RABY, ET AL v. CITY OF BATON ROUGE, PARISH OF EAST BATON ROUGE, ET AL (Parish of East Baton Rouge)

For the reasons stated herein, the judgment of the court of appeal is affirmed in part, reversed in part, and amended.

AFFIRMED IN PART; REVERSED IN PART; AMENDED.

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

KNOLL, J. - dissents in part and assigns reasons .

 

BY VICTORY, J. :

98-O - 3142 IN RE: JUDGE LEON L. EMANUEL, III

(JUDICIARY COMMISSION)

For the reasons stated herein, it is ordered that Judge Leon L. Emanuel be, and he hereby is, publicly censured for violating the Code of Judicial Conduct and La. Const. art. V, §25C. It is further ordered that Judge Leon L. Emanuel reimburse the Louisiana Judiciary Commission $4,582.99, representing costs incurred during the investigation and prosecution of the case. Supreme Court Rule 23, §22.

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

BY KNOLL, J.:

98-C - 1101 STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY AS SUBROGEE OF WILLIAM E. FRANKLIN v. GEORGE BERTHELOT, ET AL (Parish of Orleans)

For the foregoing reasons, the judgments of the lower courts are reversed and set side. There being no genuine issues of material fact, we hereby grant the motion of George Berthelot and Southern United Fire Insurance Co. for summary judgment, and the action of State Farm Mutual Automobile Insurance Co. against them is hereby dismissed with prejudice.

REVERSED AND RENDERED.

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

LEMMON, J. - dissents and assigns reasons.

VICTORY, J. - concurs.

 

BY PER CURIAM :

98-C - 1819 JERBERT FRANK v. CITY OF VILLE PLATTE (Parish of Evangeline)

For the reasons assigned, the judgment of the court of appeal awarding damages to plaintiff, Jerbert Frank, for illegal detention beyond seventy-two hours is reversed. The judgment of the district court dismissing plaintiff's suit with prejudice is reinstated. All costs in this court are assessed against plaintiff.

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

JOHNSON, J. - dissents and assigns reasons.
 
 

98-C - 1939 HENRY KENNEDY v. WAL-MART STORES, INC. (Parish of Natchitoches)

For the foregoing reasons, the judgment of the court of appeal affirming the judgment of the trial court is reversed. Judgment is hereby rendered in favor of defendant, Wal-Mart Stores, Inc., dismissing the suit of plaintiff, Henry Kennedy, with prejudice. All costs in this court are assessed against plaintiff.

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

JOHNSON, J. - dissents.

98-KA- 1078 STATE OF LOUISIANA v. ALLEN SNYDER

(Parish of Jefferson) (First Degree Murder)

The conviction and sentence of death are conditionally affirmed on the evidence in the record on appeal. However, a final determination of the appeal is pretermitted, and the case is remanded to the district court for a determination of whether a meaningful inquiry into defendant's competence at the time of trial is now possible, and if so, for an evidentiary hearing and determination on this issue. Defendant's right to appeal from an adverse decision is reserved.

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

LEMMON, J. - dissents and assigns reasons.

JOHNSON, J. - dissents and assigns reasons.

VICTORY, J. - concurs in affirming the defendant's conviction and sentence but dissents from the remand.

TRAYLOR, J. - concurs in part and dissents in part for reasons assigned by Victory. J.

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