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 2001 News Releases

News Release #029

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 29

FROM: CLERK OF SUPREME COURT OF LOUISIANA

 

The Opinions handed down on the 3rd day of April, 2001 , are as follows:

BY CALOGERO, C.J. :

2000-KK- 1554 STATE OF LOUISIANA v. PATRICK KENNEDY (Parish of Jefferson)

(Aggravated Rape Upon a Female Juvenile)

Because the State has failed to make the required showing for the admissibility of the other crimes evidence, we find the State has not satisfied its burden of proof under La. Code Evid. art. 404(B) and State v. Prieur . Accordingly, we find the court of appeal correctly applied Louisiana law governing the admissibility of evidence of other crimes, wrongs, or acts. The court of appeal's decision reversing the district court's pretrial ruling is affirmed, and the case is remanded to the district court for further proceedings.

Melvin A. Shortess, Associate Justice, ad hoc, sitting for Associate Justice Jeanette T. Knoll, recused.

VICTORY, J., concurs and assigns reasons .

TRAYLOR, J., dissents and assigns reasons.

BY LEMMON, J. :

2000-C- 1227 SHOWBOAT STAR PARTNERSHIP, SHOWBOAT OF LOUISIANA, INC. AND LAKE PONTCHARTRAIN SHOWBOAT, INC. v. RALPH SLAUGHTER, SECRETARY OF THE DEPARTMENT OF REVENUE AND TAXATION, STATE OF LOUISIANA (Parish of E. Baton Rouge)

For the foregoing reasons, the judgment of the court of appeal is reversed, and plaintiffs' action seeking a refund of taxes and interest paid under protest is dismissed, except as to the taxes and interest attributable to the signs and surveillance equipment. The case is remanded to the trial court to allow plaintiffs to present evidence on their entitlement to an exemption for some or all of the signs and security surveillance equipment, if such equipment is found to be a component part, and for rendition of a judgment in accordance with this opinion.

 

BY KIMBALL, J.:

1998-KA- 0541 STATE OF LOUISIANA v. CLIFFORD DERUISE (Parish of Orleans)

(First Degree Murder)

For the reasons assigned herein, defendant's conviction and sentence are affirmed as to Count 2, involving the murder of Etienne Nachampassak. 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 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.15:567(B), immediately notify the Louisiana Indigent Defense 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. Section 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in state courts.

 

2000-CA- 1132 MAYOR MARC H. MORIAL, AND THE CITY OF NEW ORLEANS v. SMITH & WESSON CORPORATION, ET AL (Parish of Orleans)

For the reasons explained above, defendants' exception of no right of action is sustained and plaintiffs' action is dismissed. The district court's conclusion as to the constitutionality of La.R.S. 40:1799 is reversed. The district court's conclusion relating to defendants' exception of no cause of action and the constitutionality of La. R.S. 9:2800.60 is vacated and set aside.

REVERSED IN PART; VACATED IN PART; and RENDERED.

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

LEMMON, J., concurs and assigns reasons.

JOHNSON, J., dissents for reasons assigned by Calogero, C.J.

 

2000-CA- 1528 ROBERT BOURGEOIS, ET AL. v. A.P. GREEN INDUSTRIES, INC., ET AL. (Parish of Jefferson)

The judgment of the district court declaring Act 989 unconstitutional as applied to plaintiffs' claims is affirmed; the case is transferred to the fifth circuit court of appeal for it to address the remaining, non-constitutional issues raised by the parties in this appeal.

JUDGMENT AS TO CONSTITUTIONAL ISSUE AFFIRMED; CASE TRANSFERRED TO THE LOUISIANA FIFTH CIRCUIT COURT OF APPEAL

LEMMON, J., subscribes to the opinion and assigns additional reasons.

BY VICTORY, J. :

2000-K- 0313 STATE OF LOUISIANA v. HOWARD COHN (Parish of St. Tammany) (Misapplication of Payments)

For the reasons stated herein, the judgment of the court of appeal is reversed and this case is remanded to the court of appeal for consideration of respondent's remaining assignments of error pretermitted on original appeal.

REVERSED AND REMANDED.

 

2000-CC- 1023 EDWARD MARTIN, ET AL v. HERITAGE MANOR SOUTH, ET AL (Parish of Caddo)

For the reasons stated herein, we reverse the judgment of the trial court granting plaintiffs' motion for new trial and reinstate the jury verdict in favor of Heritage Manor.

REVERSED; JURY VERDICT REINSTATED.

BY TRAYLOR, J. :

2000-C- 1918 ARCHIE BOYETTE v. UNITED SERVICES AUTOMOBILE ASSOC. ET AL. (Parish of Rapides)

For the reasons assigned, we vacate the judgment of the court of appeal awarding past and future lost wages. The verdict of the jury finding no past or future lost wages is reinstated. The judgment of the trial court assessing all trial costs to plaintiff is reinstated. All cost of this appeal are assessed to plaintiff.

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

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

KNOLL, J., concurs in part and dissents in part for the reasons assigned by Chief Justice Calogero.

 

BY KNOLL, J. :

2000-C- 2628 TERRY L. LASYONE v. KANSAS CITY SOUTHERN RAILROAD, STATE OF LOUISIANA THROUGH DOTD AND THE PARISH OF POINTE COUPEE THROUGH ITS GOVERNING AUTHORITY, THE POLICE JURY OF POINTE COUPEE PARISH (Parish of Pointe Coupee)

For the foregoing reasons, the judgment of the appellate court is reversed and set aside, and the district court judgment is reinstated. This matter is remanded to the court of appeal to perform the first appellate review of the damages which the trial court awarded to Lasyone.

REVERSED AND REMANDED.

LEMMON, J., concurs in part and dissents in part, and assigns reasons.

VICTORY, J., dissents and assigns reasons.

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

 

2000-C- 2668 STEVE BLACKBURN, ET AL v. NATIONAL UNION FIRE INSURANCE CO. OF PITTSBURGH C/W STEVEN AND WENDI ROYER v. SCAFCO, LTD., ET AL (Parish of Calcasieu)

For the foregoing reasons, the judgment of the court of appeal affirming the cross-motion for summary judgment of the Blackburns, Royers, State Farm, and Rials is reversed and set aside. The motion for summary judgment of National Union is hereby granted, setting the limits of liability coverage for Rials' accident at the statutory minimum. This case is remanded to the district court for further proceedings.

REVERSED AND REMANDED

 

PER CURIAM :

2000-B- 3105 IN RE: DANIEL R. KEELE

(Disciplinary Proceedings)

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is the decision of the court that respondent, Daniel R. Keele, be suspended from the practice of law for a period of eight months, with five months deferred, subject to a six month period of supervised probation. Respondent is further ordered to refund any fees paid to him by Ms. Strange. All costs and expenses of these proceedings are assessed against respondent in accordance with Supreme Court Rule XIX, section 10.1, with legal interest commencing thirty days from the date from the finality of the court's judgment until paid.

 

2000-B- 1939 IN RE: JOHNNIE A. JONES, SR.

(Disciplinary Proceedings)

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and the record filed herein, it is the decision of the court that respondent, Johnnie A. Jones, Sr., be suspended from the pratice of law for a period of one year. Respondent is further ordered to submit to fee arbitration through the Louisiana State Bar Association for resolution of the Davis and Mitchell matters and refund any improper or unearned fees. All costs and expenses of these proceedings are assessed against respondent in accordance with Supreme Court Rule XIX section 10.1, with legal interest commencing thirty days from the date from the finality of the court's judgment until paid.

LEMMON, J., dissents, agreeing with the recommendation of the Disciplinary Board.

VICTORY, J., dissents and agrees with the recommendation of the Disciplinary Board.

TRAYLOR, J., dissents and agrees with the recommendation of the Disciplinary Board.

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