FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 86

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 26th day of October, 2001, are as follows:

PER CURIAM :

2000-K- 1657 STATE OF LOUISIANA v. CHARMAINE D. MILLER A/K/A DESIREE M. CHARMAINE (Parish of St. Tammany)

(Possession of Marijuana With Intent to Distribute)

Accordingly, the decision of the court of appeal is reversed, the judgment of the district court denying respondent's motion to suppress the evidence and her statements on the scene is reinstated, respondent's guilty plea and sentence are also reinstated, and this case is remanded to the district court for execution of sentence.

JUDGMENT OF COURT OF APPEAL REVERSED; CASE REMANDED.

Retired Judge Robert L. Lobrano, assigned as justice pro tempore , participating in the decision.

 

2001-C- 0752 MICHAEL J. FONTENOT v. REDDELL VIDRINE WATER DISTRICT, ET AL. (Office Of Workers' Compensation District 2)

The judgment of the court of appeal is vacated, and the case is remanded to the Court of Appeal, Third Circuit, to render judgment anew after reconciling conflicting rulings in Fontenot v. Vidrine Water District, 00-762 (La. App. 3rd Cir. 2/21/01), 780 So.2d 1197 and Haynes v. Williams Fence and Aluminum, 01-0026 (La. App.3rd Cir. 7/25/01)---So.2d---, regarding the interpretation of La. R.S. 23:1201(F). We order the Court of Appeal, Third Circuit, to decide this matter en banc in order to achieve uniformity within the circuit.

Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore , participating in the decision.

 

2001-B- 1722 IN RE: MICHAEL F. BARRY (Disciplinary Proceedings)

Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, brief of the ODC, and oral argument, it is ordered that Michael F. Barry be suspended from the practice of law for a period of six months. Following the completion of his suspension, respondent shall be subject to a one-year period of probation under the supervision of a practice monitor to be appointed by the Office of Disciplinary Counsel, and shall be required to complete the Ethics School program offered by the Louisiana State Bar Association. 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 finality of this court's judgment until paid.

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