FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 085

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The opinions handed down on the 19th day of October, 1999 , are as follows:

BY CALOGERO, C.J.:

98-C - 3034 IN RE: THE MATTER OF LOUISIANA HEALTH SERVICE INDEMNITY COMPANY D/B/A BLUE CROSS BLUE SHIELD OF LOUISIANA (Parish of East Baton Rouge)

For the reasons stated above, the judgment of the court of appeal is reversed; the judgment of the district court is reinstated.

REVERSED.

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

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

VICTORY, J. - dissents and assigns reasons.

TRAYLOR, J. - dissents for reasons assigned by Justice Victory.

BY LEMMON, J. :

96-KA- 2659 STATE OF LOUISIANA v. HENRI BROADWAY (Parish of East Baton Rouge) (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. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567B, 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 expeditiously the claims raised in that original application, if filed, in the state courts.

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

BY KIMBALL, J. :

98-C - 3150 LONNIE J. FALGOUT v. DEALERS TRUCK EQUIPMENT CO.

Therefore, the judgment of the court of appeal is hereby reversed and this case is remanded to the Office of Workers' Compensation for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

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

MARCUS, J. - dissents and assigns reasons.

VICTORY, J. - dissents for the reasons assigned by Justice Marcus.

BY VICTORY, J. :

99-C - 0201 SPORTSMAN STORE OF LAKE CHARLES, INC. v. SONITROL SECURITY SYSTEMS OF CALCASIEU, INC., CASSIDY INSURANCE AGENCY, & STEWART KEITH CAYTON (Parish of Calcasieu)

For the reasons assigned, the judgment of the trial court is reinstated.

REVERSED.

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

JOHNSON, J. - dissents.

KNOLL, J. - dissents for the reasons by the court of appeal.

99-C - 0723 ROGER E. REINHARDT v. LINDA KAY ANDERSON REINHARDT (Parish of Ouachita)

For the reasons stated herein, the judgment of the court of appeal that interest on the equalized payment is due from the date of judicial demand is reversed. Judgment is rendered awarding legal interest on the equalifed payment of $58,177.85 from the date of the trial court judgment. In all other respects, the judgment of the court of appeal is affirmed.

AFFIRMED IN PART; REVERSED IN PART; RENDERED

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

BY TRAYLOR, J.:

98-K - 2198 STATE OF LOUISIANA v. OSCAR BALLARD (Parish of Livingston) (Driving While Intoxicated; Third Offender)

For the reasons expressed herein, we overrule Simmons and its progeny, insofar as they hold that a law enforcement officer is not a competent criminal juror, and we affirm the judgment of the trial court and the court of appeal.

AFFIRMED.

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

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

LEMMON, J. - concurs and assigns reasons.

BY KNOLL, J. :

98-C - 1182 C/W 98-C - 1197 TRACI ALLEN NETECKE, ETAL v. STATE OF LOUISIANA, THROUGH DOTD, ET AL (Parish of St. Martin) For the foregoing reasons, the judgment of the court of appeal is reversed and judgment is hereby rendered in favor of the State of Louisiana, through the Department of Transportation and Development, and against Traci Allen Netecke. The lower courts' judgment allocating fault is recast finding Ms. Zebouni one-hundred percent at fault. All costs of these proceedings are cast to Traci Allen Netecke.

REVERSED AND RENDERED.

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

JOHNSON, J. - dissents and assigns reasons.

98-KK- 2146 STATE OF LOUISIANA v. LEE MISKELL (Parish of Orleans) (Possession of a Controlled Dangerous Substance With Intent to Distribute)

For the foregoing reasons, the judgment of the court of appeal is reversed and we reinstate the judgment of the trial court which denied defendant's motion to suppress the evidence. This case is remanded to the trial court for further proceedings.

REVERSED AND REMANDED.

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

KIMBALL, J. - dissents and assigns reasons.

JOHNSON, J. - dissents and assigns reasons.

99-C - 0076 MITCHELL B JURISICH, SR., MITCHELL B. JURISICH, JR., FRANK JURISICH, G.I. JOE, INC., GULF STAR OYSTERS, INC. AND BAYOU CANARD, INC. v. JAMES H. JENKINS, JR., SECRETARY OF THE LOUISIANA DEPARTMENT OF WILDLIFE & FISHERIES, THE LOUISIANA DEPARTMENT OF WILDLIFE & ISHERIES AND THE LOUISIANA WILDLIFE & FISHERIES COMMISSION (Parish of East Baton Rouge)

For the foregoing reasons, the judgments of the trial court and court of appeal relative to the navigation and oil field navigation clause are reversed. This matter is remanded to the trial court for entry of a preliminary injunction and for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

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

MARCUS, J. - concurs in the result.

VICTORY, J. - concurs in the result.

TRAYLOR, J. - concurs in the result.

99-C - 0942 BILLY BOULLT AND JUDY BOULLT v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. (Parish of Ouachita)

For the foregoing reasons, we affirm the judgment of the court of appeal reversing the trial court's judgment in favor of State Farm and rendering judgment in favor of Billy and Judy Boullt.

AFFIRMED.

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

LEMMON, J. - dissents and assigns reasons.

VICTORY, J. - dissents and assigns reasons.

PER CURIAM :

99-B - 1036 IN RE: ADAIR D. JONES

(Disciplinary Proceedings)

Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that the name of Adair D. Jones be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. All costs and expenses in this matter are assessed against respondent.

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

99-B - 1652 IN RE: A. GILL DYER

(Disciplinary Proceedings)

Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the records, briefs, and oral argument, it is ordered that the name of A. Gill Dyer be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked, effective the date of his interim suspension. All costs and expenses in this matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.

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