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 2000 News Releases

News Release #035

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 35

FROM : CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 16th day of May, 2000 , are as follows:

 

BY MARCUS, J. :

1999-CA- 2854 ALCEE PIERCE v. LAFOURCHE PARISH COUNCIL (Parish of Lafourche)

For the reasons assigned, the judgment of the court of appeal declaring that portion of La. R.S. 23:1221 (3) (d) (iii) which states "begins to receive old age insurance benefits under Title II of the Social Security Act, whichever comes first" unconstitutional is affirmed. The judgment of the court of appeal declaring the remainder of La. R.S. 23:1221 (3) (d) (iii) unconstitutional is reversed. The case is remanded to the district court for further proceedings. Costs are assessed against defendants.

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

BY LEMMON, J. :

1999-KA- 2329 STATE OF LOUISIANA v. JOSEPH DAVIS FERRIS (Parish of Evangeline) (Underage Driving Under the Influence)

For these reasons, the judgment of the trial court is reversed, and the defendant's motion to quash is overruled. The case is remanded to the district court for further proceedings.

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

MARCUS, J., dissents and assigns reasons.

BY KIMBALL, J. :

1999-KK- 1750 STATE OF LOUISIANA v. JERRY JEROME HILLS (Parish of Tangipahoa) (First Degree Murder)

For the reasons stated herein, the decisions of the trial court and court of appeal admitting the other crimes evidence against defendant are reversed and the matter is remanded to the trial court for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

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

BY JOHNSON, J. :

1999-KA- 2291 STATE OF LOUISIANA v. CHRISTINE D. BRENAN (Parish of St. Tammany) (Promotion of Obscene Devices, Two Counts)

We find that La. R.S.§14:106.1, which bans the promotion of obscene devices, bears no rational relationship to a legitimate state interest and is, therefore, violative of the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The ruling of the Court of Appeal is affirmed.

AFFIRMED.

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

LEMMON, J., concurs and will assign reasons.

KIMBALL, J., concurs in result.

VICTORY, J., concurs in result.

TRAYLOR, J., dissents and assigns reasons.

 

1999-C- 2570 BEN GUITREAU v. ANDREW KUCHARCHUK, M.D. (Parish of E. Baton Rouge) We hold that when the ninety-day period of suspension after the decision of the medical review panel is completed, plaintiffs in medical malpractice actions are entitled to the period of time that remains unused at the time the request for a medical review panel is filed. We also hold that the court of appeal did not err in finding that prescription commenced on November 23, 1992 and that plaintiff's action had not prescribed. Accordingly, we affirm the court of appeal's decision and remand this matter to the trial court.

AFFIRMED AND REMANDED.

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

MARCUS, J., dissents and assigns reasons.

LEMMON, J., concurs and assigns reasons .

TRAYLOR, J., dissents for reasons assigned by Marcus, J.

BY VICTORY, J.:

1999-KK- 1528 STATE OF LOUISIANA v. FERNANDO GUZMAN (Parish of Caddo)

CONSOLIDATED WITH:

1999-K - 1753 STATE OF LOUISIANA V. JERRY LYNN STILES (Parish of Bossier)

For the reasons stated herein, in State v. Guzman , we reverse the judgment of the court of appeal granting defendant's motion to quash, reinstate the judgment of the trial court denying defendant's motion to quash, and remand the case to the trial court for further proceedings. In State v. Stiles , we affirm the judgment of the court of appeal affirming defendant's convictions and sentences.

STATE OF LOUISIANA V. GUZMAN, NO. 99-KK-1528:

REVERSED AND REMANDED.

STATE OF LOUISIANA V. STILES, NO. 99-K-1753:

AFFIRMED.

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

CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.

LEMMON, J., concurs and will assign reasons.

KIMBALL, J., concurs in part and dissents in part for reasons assigned by Calogero, C.J.

BY KNOLL, J. :

1999-C- 3264 MICHAEL TIMMONS AND WANDA TIMMONS v. STACIE MICHELLE SILMAN AND STATE FARM FIRE AND CASUALTY COMPANY AND STATE FARM MUTUAL AUTO INSURANCE (Parish of Ouachita)

For the foregoing reasons, the judgments of the lower courts, finding State Farm Fire and Casualty Insurance not liable to Michael and Wanda Timmons for the injuries arising out of a motor vehicle accident between Michael Timmons and Stacie Silman are affirmed.

AFFIRMED.

MARCUS, J., not on panel. See La. S.Ct. R. IV, Part 2, §3.

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

LEMMON, J., dissents and assigns reasons.

JOHNSON, J., dissents and assigns reasons .

PER CURIAM :

1999-CA- 2007 TAMMY LANGLOIS IN HER OWN RIGHT AND ON BEHALF OF THE MINOR KRYSTAL MARTIN v. EAST BATON ROUGE PARISH SCHOOL BOARD AND NITA K. BRAUD (Parish of E. Baton Rouge)

For the reasons assigned, the judgment of the district court declaring La. R.S. 13:5107(D) unconstitutional is vacated and set aside. The case is remanded to the district court for further proceedings not inconsistent with this opinion.

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

1999-B- 3549 IN RE: DONALD L. MAYEUX

(Disciplinary Proceedings)

Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Donald L. Mayeaux be publicly reprimanded. All costs and expenses in this matter are assessed against respondent in accordance with Supreme Court Rule XIX, §10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.

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

VICTORY, J., dissents and assigns reasons .

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

KNOLL, J., dissents and assigns reasons.

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