FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 072

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 8th day of September, 1999 , are as follows:

BY LEMMON, J. :

98-CA- 1959 HARRY PRICE v. U-HAUL COMPANY OF LOUISIANA, SELF STORAGE ASSOCIATION, CHEF MENTEUR SELF-SERVICE STORAGE, U-HAUL INTERNATIONAL, INC., RICHARD IEYOUB AND STATE OF LOUISIANA (Parish of Orleans)

Accordingly, the judgment of the district court declaring La.Rev.Stat. 9:4756-4760 unconstitutional is reversed.

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

98-CC- 2157 CECILIA LLOYD, ET AL v. HERBERT ICHINOSE, M.D., AND ST. PAUL FIRE & MARINE INSURANCE COMPANY (Parish of Orleans)

The judgement of the court of appeal is affirmed.

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

BY KIMBALL, J.:

98-CC- 0455 JUDY WALLS, JAMES E. WALLS, KATHY W. HOFFPAUIR, BRENDA W. HEBERT AND MICHAEL WALLS v. AMERICAN OPTICAL CORPORATION, ET AL (Parish of Jefferson)

Therefore, the judgment of the court of appeal is hereby affirmed and this case is remanded to trial court for further proceedings.

AFFIRMED AND REMANDED.

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

LEMMON, J . - dissents and assigns reasons.

BY VICTORY, J:

98-CC- 2821 ABEL JACK HARDY, JR., ET AL v. BRIAN Q. BOWIE, ET AL (Parish of Lafayette)

For the reasons stated herein, the judgment of the court of appeal is reversed, the city's motion for summary judgment is granted, and the petition for damages against the city is dismissed. The case is remanded to the trial court for further proceedings.

REVERSED AND REMANDED.

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

BY TRAYLOR, J. :

98-KA- 1673 STATE OF LOUISIANA v. DAMON THIBODEAUX (Parish of Jefferson) (First Degree Murder)

For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the 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, the trial judge shall, upon receiving notice from this Court under La. Code Crim. Proc. art. 15:567(B), immediately notify the Louisiana Indigent Defender Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.1; and (2) to litigate expeditously the claims raised in that original application, if filed, in the state courts.

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

98-K - 2045 STATE OF LOUISIANA v. EUAL HOWARD SMITH, JR. (Parish of St. Tammany)

(Attempted Indecent Behavior with a Juvenile)

Therefore, because defendant has been prejudiced by the confused and erroneous state of the law applied in his case and because his right to a fair trial has been impeded, we must reverse the conviction and remand the case to the trial court for a new trial to be held.

REVERSED AND REMANDED.

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

VICTORY, J. - dissents. In my view the evidence should have been excluded under article 403 of the La. Code of Evidence.

98-C - 2208 KELLY DARBONNE CORMIER, ET AL v. T.H.E. INSURANCE COMPANY, ET AL (Parish of St. Landry)

For the foregoing reasons, the judgment of the trial court and court of appeal are vacated, reversed, and set aside. We render judgment in favor of the department and dismiss plaintiff's claims with prejudice.

REVERSED.

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

LEMMON, J. - concurs.

VICTORY, J. - concurs.

KNOLL, J. - dissents and assigns reasons.

BY TRAYLOR, J. :

98-B - 2646 IN RE: FRANK P. LETELLIER, II

(Disciplinary Proceedings)

Accordingly, it is ordered that the name of Frank P. Letellier, II, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. It is further ordered that respondent make full restitution with legal interest. All costs and expenses of these proceeding are assessed to respondent in accordance with Supreme Court Rule XIX, Section 10.1.

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

MARCUS, J. - dissents and assigns reasons.

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

98-KK- 2923 STATE OF LOUISIANA v. CADE M. BARBIER (Parish of Lafourche)

(Failure to comply with compulsory safety belt law, La. Rev. Stat. Ann. 32:295.1)

For the foregoing reasons, we reverse the trial court's denial of defendant's motion to suppress and remand for further proceedings in accordance with this opinion.

REVERSED AND REMANDED.

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

MARCUS, J. - dissents for reasons assigned by Justice Knoll.

KNOLL, J. - dissents and assigns reasons.