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 #048

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 48

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 25th day of May, 2001 , are as follows:

BY LEMMON, J. :

2000-C- 1921 C/W 2000-C- 2041 NEW ORLEANS FIREFIGHTERS LOCAL 632, ET AL. v. CITY OF NEW ORLEANS, ET AL. (Parish of Orleans)

For these reasons, the summary judgments of the lower courts are reversed as to back pay and future pay that were held to be forfeited by operation of Commission Rule VIII, §1.2, and that portion of the motion for summary judgment is denied. In all other respects, the summary judgments of the lower courts are affirmed.

Justice Harry T. Lemmon, retired, particpated in the decision which was argued prior to his retirement.

Judge Anne Lennan Simon sitting as Justice Ad Hoc for Associate Justice Bernette J. Johnson, recused.

BY CIACCIO, J., Pro Tempore :

2000-C- 2643 IN RE: MEDICAL REVIEW PANEL FOR THE CLAIM OF MARIA MOSES (Parish of E. Baton Rouge)

For the foregoing reasons, the judgment of the court of appeal is reversed and the judgment of the trial court sustaining the exception of prescription and, as a result, dissolving the medical review panel proceeding pursuant to La. Rev. Stat. 40:1299.39.1B(2)(b), is reinstated.

Philip Ciaccio, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.

JOHNSON, J., dissents.

 

PER CURIAM :

2001-CA-1168 GENE DAUZAT, ET AL. v. EAST BATON ROUGE PARISH METROPOLITAN COUNCIL (Parish of E. Baton Rouge)

For the reasons assigned, the judgment of the district court is vacated and set aside, insofar as it declares La. R.S. 13:4521,13:4581, and 13:5105(D) unconstitutional. The pending appeal in this court is dismissed as moot, and the case is remanded to the district court for further proceedings.

Robert L. Lobrano participated in this decision as Associate Justice Pro Tempore.

2000-KK- 1838 STATE OF LOUISIANA v. DARIEL SMITH, ET AL. (Parish of Orleans) (Possession of Marijuana)

Accordingly, on remand the magistrate is to determine, in light of the Supreme Court's decision in J.L., whether the initial seizure of the vehicle by officer Jackson was legal and, if not, whether the police came at their evidence, including the two marijuana cigarettes discarded by Payton and Cummings and respondent's statement to Jackson, by exploiting that primary illegality or by a means sufficiently independent to be purged of the primary taint. Fisher, 97-1133 at 12 , 720 So.2d at 1186.

REVERSED AND REMANDED.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.

 

2001-CA- 0466 J. D. CROOKS, ET AL. v. METROPOLITAN LIFE INSURANCE CO., ET AL. (Parish of Rapides)

For the reasons assigned, the judgment of the court of appeal is vacated and set aside. This case is remanded to the district court for further proceedings consistent with this opinion.

Retired Judge Robert L. Lobrano participated in this decision as Associate Justice Pro Tempore.

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