FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 078

FROM: CLERK OF THE SUPREME COURT OF LOUISIANA

On the 31st day of October, 2000, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

ALL PROCEEDINGS STAYED:

2000-KP- 3017 STATE OF LOUISIANA v. KENNETH SIMMONS (Parish of Orleans)

On the 1st day of November, 2000, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

ALL PROCEEDINGS STAYED:

2000-KH- 0172 STATE EX REL WILLIAM OLIVERI v. STATE OF LOUISIANA (Parish of Jefferson)

WRIT APPLICATION(S) GRANTED WITH ORDER:

2000-KK- 2970 STATE OF LOUISIANA v. TERRY LATHERS (Parish of Pointe Coupee)

WRIT APPLICATION(S) DENIED:

2000-KK- 2588 STATE OF LOUISIANA v. JOSH BODOIN (Parish of Lafayette)

 

On the 3rd day of November, 2000, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:

WRIT APPLICATION(S) GRANTED WITH ORDER:

1999-KO- 3462 STATE OF LOUISIANA v. EDDIE JOHNSON (Parish of Orleans)

See Per Curiam.

CALOGERO, C.J., would grant and docket.

TRAYLOR, J., would deny the writ.

KNOLL, J., would deny the writ.

TRANSFERRED TO THE DISTRICT COURT:

2000-KH- 0729 STATE EX REL EDWARD JONES v. STATE OF LOUISIANA (Parish of Orleans)

2000-KH- 2692 STATE OF LOUISIANA v. ROOSEVELT FLORIDA (Parish of E. Baton Rouge)

TRANSFERRED TO DISABILITY INACTIVE STATUS:

2000-OB- 2327 IN RE: CAPTAN JACK WYLY

See Order.

REHEARING(S) DENIED:

2000-CC- 1867 ROBERT L. BASSINGTHWAIGHTE AND DIRK BASSINGTHWAIGHTE v. MCDERMOTT INTERNATIONAL, INC. (Parish of Orleans)

2000-CC- 2068 SCOTTY DUHON, INDIV. ETC. v. JOHN B. BAQUET D/B/A BAQUET SEAFOOD, ET AL. (Parish of Lafayette)

RECONSIDERATION(S) DENIED:

2000-C - 1680 BRANDI BABIN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, ET AL. (Parish of St. Tammany)

KIMBALL, J., would grant the writ.

2000-C - 1694 ARLENE HERTZOG MAGEE, INDIVIDUALLY, AND AS NATURAL TUTRIX FOR MARY ELLEN MAGEE AND MARSHA DANIELLE MAGEE; AND RUTH MAGEE SORRELL v. MARCUS L. PITTMAN, JR. M.D. (Parish of St. Tammany)

TRAYLOR, J., would grant writ on allocation of fault.

VICTORY, J., would grant writ on allocation of fault.

2000-CC- 1790 DWIGHT DAMOND AND BEATRICE POLLACK DAMOND v. AVONDALE INDUSTRIES INC ET AL. (Parish of Orleans)

APPLICATION(S) NOT CONSIDERED:

2000-CC- 2340 RACETRAC PETROLEUM v. STATE OF LOUISIANA EX REL RICHARD P. IEYOUB, ATTORNEY GENERAL (Parish of Caddo)

CALOGERO, C.J., concurring. Insofar as relator seeks review of the court of appeal judgment dated June 5, 2000, the application is not timely filed. Supreme Court Rule X, Section 5(a). As to the rulings of the trial court dated June 19, 2000 and June 26, 2000, there is no evidence relator followed the procedure set forth in Supreme Court Rule X, Section 5(b) for seeking direct review in this Court. In any event, relator should first seek review of these rulings in the court of appeal.

WRIT APPLICATION(S) DENIED:

2000-K - 0298 STATE OF LOUISIANA v. BLAINE PENNISON (Parish of Terrebonne)

2000-KH- 0577 STATE EX REL THADDEUS TYLER v. STATE OF LOUISIANA (Parish of St. James)

2000-KH- 0598 STATE EX REL SCOTT MEYERS v. STATE OF LOUISIANA (Parish of Orleans)

2000-KH- 0614 STATE EX REL ANTHONY DIGGS v. STATE OF LOUISIANA (Parish of Jefferson)

2000-KH- 0640 STATE EX REL IRA MARSHALL v. STATE OF LOUISIANA (Parish of Caddo)

2000-KH- 0641 STATE EX REL EDMOND RANDOLPH v. STATE OF LOUISIANA (Parish of Orleans )

2000-KH- 0646 STATE EX REL JERRY OSBERRY v. STATE OF LOUISIANA (Parish of Orleans)

2000-KH- 0650 STATE EX REL JEWEL SPOTVILLE v. STATE OF LOUISIANA (Parish of Orleans)

2000-KH- 0651 STATE EX REL WALTER BRUMFIELD v. STATE OF LOUISIANA (Parish of E. Baton Rouge)

2000-KH- 0652 STATE EX REL JOE STEPHENS v. STATE OF LOUISIANA (Parish of Caddo)

2000-CI- 0698 WENDELL A. MARTIN v. HARRY F. CONNICK, D.A.,JAMES WILLIAMS, A.D.A. ET AL (Parish of Orleans)

2000-KH- 0700 STATE EX REL WILLIE HUGHES v. STATE OF LOUISIANA (Parish of Jefferson)

2000-KH- 0703 STATE EX REL EDWARD DILKS v. STATE OF LOUISIANA (Parish of Jefferson)

2000-KH- 0717 STATE EX REL MORACE L. MADDEN v. STATE OF LOUISIANA (Parish of Bossier)

2000-KH- 0719 STATE EX REL JAMES SCOTT v. STATE OF LOUISIANA (Parish of Jefferson)

2000-KH- 0725 STATE EX REL OLIVER FRAZIER v. STATE OF LOUISIANA (Parish of E. Baton Rouge)

2000-KH- 0728 STATE EX REL DANIEL GETTERIDGE v. STATE OF LOUISIANA (Parish of Orleans)

2000-KH- 0730 STATE EX REL DEON JACKSON v. STATE OF LOUISIANA (Parish of Jefferson)

2000-KH- 0732 STATE EX REL JEFFERY D. DEVILLE v. STATE OF LOUISIANA (Parish of Evangeline)

2000-K - 0851 STATE OF LOUISIANA v. DWAYNE RODRIGUEZ A/K/A DWAYNE RODRIGUES (Parish of Jefferson)

CALOGERO, C.J., would grant the writ.

LEMMON, J., would grant the writ.

2000-K - 0880 STATE OF LOUISIANA v. GENE FITCH, SR. (Parish of Morehouse)

2000-K - 0911 STATE OF LOUISIANA v. THOMAS RAY JOHNSON (Parish of Lincoln)

2000-KP- 0942 STATE OF LOUISIANA v. MARK KEVIN RICHARD (Parish of Lafayette)

2000-KH- 0969 STATE EX REL JOE STEPHENS v. STATE OF LOUISIANA (Parish of Caddo)

2000-KP- 1071 STATE OF LOUISIANA v. CURT ALONZO AND DAVID ALONZO (Parish of Orleans)

2000-KP- 1204 STATE OF LOUISIANA v. JOSEPH STACY SEBASTIEN (Parish of Bossier)

2000-KP- 1242 STATE OF LOUISIANA v. ANTHONY W. DONAHUE (Parish of Tensas)

2000-KH- 1352 STATE EX REL JERRY OSBERRY v. STATE OF LOUISIANA ( Parish of Orleans)

2000-CD- 2227 JOHN W. MORGAN, ET AL. v. STATE FARM INSURANCE COMPANIES, ET AL. (Parish of St. Tammany)

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.

2000-C - 2322 BARTLETT CONSTRUCTION COMPANY, INC. v. ST. BERNARD PARISH COUNCIL, ET AL. (Parish of St. Bernard)

2000-OC- 2324 SUCCESSION OF JIMMY DON HUCKABAY (Parish of Caddo)

2000-CC- 2325 CAROLYN POTTER, ET AL. v. A.B. PATTISON ET AL. (Parish of Orleans)

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.

2000-CC- 2326 MICHAEL J. JOHNSON v. CAROL J. AYMOND, JR. (Parish of Avoyelles)

KNOLL, J., recused.

2000-CC- 2330 BETTY FRATUS v. BILL'S DOLLAR STORES AND LIBERTY MUTUAL INSURANCE COMPANY (Parish of Claiborne)

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.

KNOLL, J., would grant the writ.

2000-C - 2346 KEITH FONTENOT v. SOUTHWESTERN OFFSHORE CORPORATION AND PENNZOIL EXPLORATION AND PRODUCTION COMPANY (Parish of Lafayette)

2000-KK- 2348 STATE OF LOUISIANA v. ROY M. MCLAUGHLIN, JR. (Parish of E. Baton Rouge)

2000-CC- 2361 HARVEY JAMES WHEAT, JR., AS THE ADMINISTRATOR OF THE ESTATE OF SHASTA WHEAT, ET AL. v. DEVAN CONTWELL, ET AL. (Parish of Livingston)

KNOLL, J., concurs; The application is moot, as the case in which relator was disqualified has been tried. Any language in the court of appeal's judgment purporting to apply to cases other than the instant litigation is dicta.

2000-C - 2364 GAYLORD CONTAINER CORPORATION v. SILMON D. SEAL (Office Of Workers' Compensation Administration District # 6)

2000-C - 2366 TOMAS REYES CABAHUG, JR. v. TEXT SHIPPING COMPANY, LTD; APOLLO SHIPPING, LTD.; AND UNITED KINGDOM MUTUAL STEAM SHIP ASSURANCE ASSOCIATION (BERMUDA) LTD. (Parish of Ascension)

2000-C - 2367 TOMAS REYES CABAHUG, JR. v. TEXT SHIPPING COMPANY, LTD; APOLLO SHIPPING LTD; AND UNITED KINGDOM MUTUAL STEAM SHIP ASSURANCE ASSOCIATION (BERMUDA) LTD. (Parish of Ascension)

2000-C - 2369 ANNIE R. GRAY v. THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT AND DEPARTMENT OF PUBLIC WORKS (SEWERAGE) (Parish of Jefferson)

LEMMON, J., would grant the writ.

JOHNSON, J., would grant the writ.

2000-C - 2370 MARGARETTE McCARROLL v. DONALD P. McCARROLL (Parish of Tangipahoa)

KNOLL, J., would grant the writ.

2000-C - 2371 JODY AND LORA BORDELON INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD BRANDON v. MEDICAL CENTER OF BATON ROUGE (Parish of E. Baton Rouge)

2000-CC- 2372 IN RE: NEW ORLEANS TRAIN CAR LEAKAGE FIRE LITIGATION (Parish of Orleans)

TRAYLOR, J., would grant the writ.

2000-C - 2374 PHYLLIS H. CLARK, INDIVIDUALLY, AND AS NATURAL TUTRIX OF HER MINOR CHILDREN, KEVIN D. CLARK AND KEITH R. CLARK VS KIRK A. MITCHELL, GILBERT PARKER, JR., LOUISIANA INDEMNITY COMPANY, THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF TRANSPORTATION & DEVELOPMENT, T.L. JAMES & CO., INC. AND THE PARISH OF TERREBONNE, THROUGH THE TERREBONNE PARISH CONSOLIDATED GOVERNMENT CONSOLIDATED WITH KIRK A. MITCHELL v. LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT AND TERREBONNE PARISH CONSOLIDATED GOVERNMENT (Parish of Terrebonne)

2000-KK- 2376 STATE OF LOUISIANA v. IKE BROOKS (Parish of E. Baton Rouge)

CALOGERO, C.J., would grant the writ.

KIMBALL, J., would grant the writ.

2000-CC- 2390 WILLIAM BOUSTEAD v. ENTERGY CORPORATION, ENTERGY SERVICES, INC. AND MICHAEL G. THOMPSON (Parish of Jefferson)

2000-C - 2391 STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT v. ANN ELIZABETH FLIPPIN, TRUSTEE, ET AL. (Parish of E. Baton Rouge)

VICTORY, J., would grant the writ.

2000-CC- 2405 AUSTIN J. SMITH v. PATTERSON INSURANCE COMPANY, ET AL. (Parish of Lafayette)

2000-CC- 2410 RAMON V. JARRELL v. WILLIAM H. CARTER, SR., SOUTHERN BEVERAGE CO., INC., ANHEUSER-BUSCH, INC., AND ANHEUSER-BUSCH INVESTMENT CAPITOL CORPORATION (Parish of E. Baton Rouge)

VICTORY, J., would grant the writ.

TRAYLOR, J., would grant the writ.

2000-CC- 2414 DEBRA PLUMMER v. RICHARD STALDER, SECRETARY DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS (Parish of E. Baton Rouge)

2000-CC- 2415 CONNIE HITCHCOCK v. HERITAGE MANOR NURSING HOME (Office Of Workers Compensation District 04)

2000-C - 2423 KRISTIAN T. NIELSEN, JR. v. NORTHBANK TOWING, INC. AND J. RAY MCDERMOTT, INC. (Parish of St. Mary)

2000-CC- 2429 DEXTER ALLEN GARY, M.D. AND SANDRA GARY v. JOHN D. BECKER, INDIVIDUALLY AND D/B/A BECKER & SUFFERN, LTD., JOHN D. BECKER & ASSOC., INC., AND BUSINESS & PROFESSIONAL CONSULTING SERVICES, INC. (Parish of Terrebonne)

2000-C - 2439 GAIL STARKS v. STATE OF LOUISIANA , DOTD, ET AL. (Parish of Iberville)

KIMBALL, J., Recused.

2000-C - 2440 SABINE LANCINI INDIVIDUALLY AND AS NATURAL TUTRIX OF THE MINOR CHILD ALFRED ROBINSON v. ORLEANS PARISH SCHOOL BOARD, ARNESTA W. TAYLOR, JR., INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE NEW ORLEANS POLICE DEPARTMENT, THE CITY OF NEW ORLEANS, ABC INSURANCE COMPANY AND XYZ INSURANCE COMPANY (Parish of Orleans)

2000-C - 2458 GLENN SHARP, INDIVIDUALLY AND ON BEHALF OF AARON SHARP AND SHEILA SHARP v. CHARLES T. HARRELL, ALLSTATE INSURANCE COMPANY, MAXMILLIAN E. ZIMMER, AND PARISH OF ST. TAMMANY (Parish of St. Tammany)

VICTORY, J., would grant the writ.

KNOLL, J., would grant the writ.

2000-OC- 2459 DAVIN BATES v. LEGION INDEMNITY COMPANY (Parish of St. Helena)

2000-KK- 2846 STATE OF LOUISIANA v. CLIFFORD OCHELTREE (Parish of Orleans)

2000-KH- 2872 STATE OF LOUISIANA v. JOSEPH L. MARINO (Parish of Orleans)

2000-CJ- 2975 STATE IN THE INTEREST OF J. W. (Parish of Orleans)