FOR IMMEDIATE
NEWS RELEASE
NEWS RELEASE
# 72
FROM: CLERK
OF SUPREME COURT OF LOUISIANA
The Opinions
handed down on the 18th day of September,
2001 , are as follows:
BY
JOHNSON, J. :
2001-CA-
0009 LOUISIANA PUBLIC FACILITIES AUTHORITY v. MURPHY
J. "MIKE" FOSTER, JR., IN HIS OFFICIAL CAPACITY AS
GOVERNOR OF LOUISIANA (Parish of E. Baton Rouge)
For the foregoing
reasons, we hold that the LPFA is not protected by
La. Const. Art. I, § 23, as it is not a private
citizen. We also hold that Act 1238 does not violate
La. Const. Art. III, § 15, as it does not violate
the "one object" requirement, and the amended version
of the bill is relative or pertinent to the bill as
introduced. We also hold that Act II of the Second
Extraordinary Session of 2000 does not violate La.
Const. Art. III, § 16(A), as it was enacted pursuant
to the legislature's power to regulate funds to operate
state government. Accordingly, we reverse the district
court's ruling that Acts 915, 1238, and 1323 of the
1999 Regular Session of the Louisiana Legislature,
and Act II of the Second Extraordinary Session of
2000 are unconstitutional.
REVERSED.
Philip C. Ciaccio,
Justice Pro Tempore, sitting for Associate Justice
Harry T. Lemmon.
CALOGERO,
C.J., concurs and assigns reasons.
VICTORY, J.,
concurs in the result.
KNOLL, J.,
concurs in the result.
BY
WILLIAMS, J. Pro Tempore :
2001-CC-
0175 CLECO CORPORATION v. LEONARD JOHNSON AND LEGION
INDEMNITY COMPANY (Parish of St. Tammany)
The court of
appeal's decision to reverse the trial court's ruling
and grant defendants' exception of no cause of action
is hereby reversed, and this matter is remanded to
the trial court for further proceedings.
REVERSED AND
REMANDED.
Judge Felicia
Toney Williams of the Second Circuit Court of Appeal,
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.
KIMBALL,
J., concurs and attaches reasons.
VICTORY,
J., dissents and assigns reasons.
TRAYLOR, J.,
dissents for reasons assigned by Victory. J.
PER
CURIAM :
2000-K-
1258 STATE OF LOUISIANA v. EARNEST L. MURRAY
(Parish of St. Tammany) (Two Counts of Attempted First
Degree Murder)
The decision
below is therefore reversed, the respondent's convictions
and consecutive sentences are affirmed, and this case
is remanded to the district court for execution of
sentence.
JUDGMENT REVERSED;
CASE REMANDED.
Retired Judge
Robert L. Lobrano, assigned as Justice Pro Tempore,
participating in the decision.