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 2001 News Releases

News Release #057

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 57

FROM : CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 29th day of June, 2001 , are as follows:

BY CALOGERO, C.J. :

1998-KA- 1417 STATE OF LOUISIANA v. JUAN A. SMITH (Parish of Orleans)

(First Degree Murder)

For the reasons assigned herein, the defendant's convictions and death sentence are affirmed. 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 Court 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. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 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. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts.

AFFIRMED.

Retired Judge Philip C. Ciaccio, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.

TRAYLOR, J., concurs for reasons assigned by Justice Knoll.

KNOLL, J., concurs in part and assigns reasons .

 

BY LEMMON, J. :

1999-CC- 2559 MICHAEL WAYNE POPE v. STATE OF LOUISIANA, ET AL (Parish of E. Baton Rouge)

For these reasons, La. Rev. Stat. 15:1171-1179 are declared unconstitutional as applied to tort actions by offenders, as defined by La. Rev. Stat. 15:1171D. The case is remanded to the district court for further proceedings.

Victory, J., not on panel. Rule IV, Part 2 §3.

Justice Walter F. Marcus, Jr., and Justice Harry T. Lemmon, retired, participated in the decision in this case which was argued prior to their retirement.

BY KIMBALL, J. :

1999-KA- 1659 STATE OF LOUISIANA v. LAWRENCE J. JACOBS, JR. (Parish of Jefferson) (First Degree Murder)

The defendant's conviction and sentence are reversed. The case is remanded to the trial court for a new trial.

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.

 

2000-C- 1695 SWAT 24 SHREVEPORT BOSSIER, INC. v. ROBBIE BOND (Parish of Bossier)

For the foregoing reasons, we conclude the language of La. R.S. 23:921(C) allows an employee to agree to refrain from carrying on or engaging in the employee's own business similar to that of the employer, subject to certain geographical and time limitations. Because the language of the Agreement at issue went beyond that permitted by the narrow exception of La. R.S. 23:921(C), we declare those offending portions null and void and sever them. The remaining portions of the Agreement cannot b construed to prohibit the actions the employee has taken subsequent to the termination of this employment with his former employer. The judgment of the court of appeal is therefore affirmed, and the case is remanded to the trial court for consideration of Bond's reconventional demands not yet considered.

AFFIRMED AND REMANDED.

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

TRAYLOR, J., dissents and assigns reasons.

KNOLL, J., dissents for reasons assigned by Traylor, J.

GULOTTA, J., dissents for reasons assigned by Traylor, J.

 

2000-CP- 2167 WALTER BURNETTE v. RICHARD L. STALDER, ET AL (Parish of E. Baton Rouge)

The court of appeal is reversed. The case is remanded to the trial court for further proceedings on the issue of damages and court costs in light of our opinion.

REVERSED, and REMANDED.

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

 

2001-C- 0198 JONATHAN LANGLEY v. PETRO STAR CORP. OF LA. (Office Of Workers' Compensation District #4)

For the foregoing reasons, we conclude the court of appeal erred in holding that a court can take into consideration the degree of bad faith exhibited by the employer in determining the appropriate amount of attorney fees to be awarded pursuant to La. R.S. 23:1201(G) and in affirming the hearing officer's award of attorney fees which included such a consideration. The judgment of the court of appeal is reversed and the award of attorney fees is reduced to $1,500.00.

REVERSED.

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.

KNOLL, J., concurs and assigns reasons.

 

BY VICTORY, J. :

2000-KA- 0674 STATE OF LOUISIANA v. JARRELL NEAL (Parish of Jefferson)

(First Degree Murder)

For the reasons assigned herein, the defendant's conviction and sentence are affirmed. 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 Court timely, under their 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. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 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 defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.

AFFIRMED.

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

WILLIAMS, J., dissents.

 

2000-C- 1983 CITY OF PINEVILLE v. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO, LOCAL 3352 (Parish of Rapides)

For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment is reinstated.

REVERSED.

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

JOHNSON, J., dissents.

 

2000-C- 3416 SHIRLEY BRANDT v. DR. ALAN J. ENGLE AND BOSTON OLD COLONY INSURANCE COMPANY (Parish of Orleans)

For the reasons stated herein, the judgment of the court of appeal is reversed and the jury verdict in favor of defendants is reinstated.

REVERSED; JURY VERDICT REINSTATED.

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

 

BY TRAYLOR, J. :

2000-C- 3234 JAMES HOWARD v. WEST BATON ROUGE PARISH SCHOOL BOARD (Parish of W. Baton Rouge)

Accordingly, we reverse the decision of the School Board to terminate Howard, the judgment of the district court upholding the dismissal for willful neglect of duty, and overrule the court of appeal opinion affirming these decisions.

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

KIMBALL, J., dissents for reasons assigned by Knoll, J.

KNOLL, J., dissents and assigns reasons.

 

2000-C- 3255 A & L ENERGY, INC. v. PEGASUS GROUP, CENTRAL SELF-STORAGE INVESTOR, III, CSS-HEMPSTEAD AND FIRST AMERICAN TITLE INSURANCE COMPANY (Parish of Caddo)

Accordingly, we reverse the Second Circuit Court of Appeal and the trial court judgments. The case is remanded to the trial court for further proceedings consistent with this opinion.

REVERSED AND REMANDED.

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

KIMBALL, J., dissents and assigns reasons.

 

2000-CJ- 3278 STATE OF LOUISIANA IN THE INTEREST OF G.J.L. AND M.M.L. (Parish of St. Landry)

Accordingly, we reverse the judgment of the court of appeal and remand the matter to the trial court for further expedited proceedings consistent with this opinion.

JUDGMENT OF THE COURT OF APPEAL IS REVERSED; CASE REMANDED TO THE TRIAL COURT FOR EXPEDITIOUS TREATMENT.

Retired Judge Philip C. Ciaccio, assigned as Associate Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.

CALOGERO, C.J., concurs in part, dissents in part for reasons assigned by Kimball, J.

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

BY KNOLL, J. :

2001-CA- 0422 AFSCME, COUNCIL # 17 AND RONALD WALKER v. THE STATE OF LOUISIANA THROUGH THE DEPARTMENT OF HEALTH AND HOSPITALS, THE STATE CIVIL SERVICE COMMISSION AND RICHARD IEYOUB, ATTORNEY GENERAL OF THE STATE OF LOUISIANA (Parish of E. Baton Rouge)

For the foregoing reasons, the decision of the district court is affirmed as it pertains to classified state employees. However, that portion of the judgment of the district court which found LA. REV. STAT. ANN. §42:1414 unconstitutional as it affects unclassified state employees is reversed and set aside.

REVERSED, IN PART; AFFIRMED, IN PART.

Felicia Toney Williams, Judge of the Court of Appeal, Second Circuit, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore sitting for Associate Justice Harry T. Lemmon.

 

BY WILLIAMS, J. Pro Tempore :

2001-O- 0657 IN RE: JUSTICE OF THE PEACE LAWRENCE LANDRY (Judiciary Commission of Louisiana)

Upon review of the findings and recommendation of the Judiciary Commission, and considering the record filed herein, it is hereby ordered that Justice of the Peace Lawrence Landry, Ward E, Parish of St. Bernard, be suspended for six months without pay, followed by a two year period of probation, for rendering a default judgment against a defendant without proper service of process and without convening a hearing, in violation of Canons 1, 2(A) and 3(A)(1). Justice of the Peace Lawrence Landry is cast with costs of this proceeding, and shall pay to the Judiciary Commission the sum of $533.42 as reimbursement for expenses incurred by the Commission during its investigation and prosecution of this case. Supreme Court Rule XXIII, Section 22.

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

PER CURIAM :

2000-OB- 2721 IN RE: THOMAS B. BROUSSARD (Application for Admission to the Bar)

Accordingly, it is ordered that the application for admission is denied.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson; and Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeanette Theriot Knoll, recused.

 

2000-OB- 2808 IN RE: KOBY D. BOYETT (Application for Admission to the Bar )

Accordingly, it is ordered that the application for admission is denied.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson; and Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeanette Theriot Knoll, recused.

 

2000-KK- 2837 STATE OF LOUISIANA v. TERRENCE J. JONES (Parish of Jefferson)

(Second Degree Murder)

The trial court therefore erred in reversing itself and ruling that it would not permit introduction of Artberry's prior recorded testimony at any subsequent retrial of respondent. Accordingly, that ruling of the court is reversed, its initial judgment permitting use of Artberry's prior testimony under La.C.E. art. 804(B)(1) is reinstated, and this case is remanded for further proceedings consistent with the views expressed herein.

REVERSED AND REMANDED.

Judge J. Jay Caraway, of the Second Circuit Court of Appeal, assigned as Justice ad hoc, sitting for Chief Justice Pascal Calogero, Jr., recused; Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon; Judge Felicia Toney Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson; Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeannette Theriot Knoll, recused

 

2001-C- 0101 KATHERINE T. ALPAUGH, TUTRIX, ON BEHALF OF HER MINOR CHILD, GEORGE READE ALPAUGH v. THE CONTINENTAL INSURANCE COMPANY AND LIBERTY MUTUAL INSURANCE COMPANY (Parish of Orleans)

For the foregoing reasons, the judgments of the trial court and the court of appeal are reversed and set aside. This matter is remanded to the district court for further proceedings.

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

 

2001-C- 0147 ELLEN BROWN v. THE MANHATTAN LIFE INSURANCE COMPANY, ET AL. (Parish of Jefferson)

For the reasons assigned, the judgment of the court of appeal is reversed. The district court's judgments granting summary judgment in favor of The Manhattan Life Insurance Company, Mike Levy Associates, Inc., Michel Levy Boudreaux, and Continental Casualty Company and dismissing plaintiff's claims with prejudice are reinstated. All costs in this court are assessed against plaintiff.

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

 

2001-B- 0318 IN RE: NOLAND JAMES HAMMOND (Disciplinary Proceedings)

Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Noland James Hammond be suspended from the practice of law in Louisiana for a period of four months. This suspension shall be deferred in full and respondent shall be placed on supervised probation for a period of two years, subject to the conditions recommended by the disciplinary board. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of the finality of this court's judgment until paid.

Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision. Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeannette Theriot Knoll, recused; Judge Felicia Williams, of the Second Circuit Court of Appeal, assigned as Justice Pro Tempore, sitting for Associate Justice Bernette J. Johnson.

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