Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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 2001 News Releases

News Release #020

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 20

FROM: CLERK OF SUPREME COURT OF LOUISIANA

 

The Opinions handed down on the 12th day of March, 2001 , are as follows:

BY KNOLL, J .:

2000-CA- 2803 LOUISIANA HOUSEHOLD GOODS CARRIERS , A DOMESTIC UNINCORPORATED ASSOCIATION, BY AND THROUGH WILLIAM D. HATHORN, ITS PRESIDENT; NORTHLAKE MOVING AND STORAGE, INC. INDIVIDUALLY AND AS A MEMBER OF THE LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION; A-1 MOVERS, INC., INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION; AND HATHORN MOVING AND STORAGE CO., INC. INDIVIDUALLY AND AS A MEMBER OF LOUISIANA HOUSEHOLD GOODS CARRIERS ASSOCIATION v. LOUISIANA PUBLIC SERVICE COMMISSION (Parish of E. Baton Rouge)

We find that the Public Service Commission did not act arbitrarily or capriciously when it granted Easley and Perez very restricted common carrier certificates. The decision of the trial court is affirmed. AFFIRMED.

James C. Gulotta, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.

KIMBALL, J., concurring in part and dissenting in part , with reasons.

PER CURIAM :

2000-K- 0356 STATE OF LOUISIANA v. TONY A. WATERS (Parish of St. Tammany)

(Possession of Marijuana With Intent to Distribute)

Accordingly, the decision of the court of appeal is reversed, respondent's conviction and sentence are conditionally affirmed, and this case is remanded to the district court for purposes of conducting an evidentiary hearing on the question of whether respondent's trial counsel labored under an actual conflict of interest which adversely affected his performance. Cuyler v. Sullivan , 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980).

Respondent may appeal from any adverse ruling on the conflict issue.

JUDGMENT OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE CONDITIONALLY REINSTATED; CASE REMANDED.

JOHNSON, J., dissents and would affirm the decision of the court of appeal. (1st Circuit)

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