| 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) |
