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2002 News Releases

News Release #038

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 38

FROM: CLERK OF SUPREME COURT OF LOUISIANA

 

The Opinions handed down on the 14th day of May, 2002 , are as follows:

 

BY CALOGERO, C.J. :

2000-K- 2934 STATE OF LOUISIANA v. LANDOUR BOUIE (Parish of E. Baton Rouge) (Attempted Second Degree Murder)

Under the circumstances of this case, we conclude the defendant should have been permitted to withdraw his plea of guilty.

REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.

VICTORY, J., dissents for the reasons assigned by Justice Weimer.

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

WEIMER, J., dissents with reasons .



2001-CC- 2078 ROGER WALKER, ET AL. v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (Parish of Livingston)

C/W

2001-CC- 2079 WILLIE MAE MIXON, ET AL. v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT (Parish of Ascension) With regard to the Willie Mae Mixon case, the court of appeal was correct in determining that Danial Vidrine should be allowed to serve as counsel for plaintiff, and we affirm that ruling. As to the Roger Walker case, the district court erred in finding that Danial Vidrine should be disqualified, and we reverse that determination.

Willie Mae Mixon, et al. v. State of Louisiana, Dept. of Transp. and Dev. Docket Number 01-CC-2079: AFFIRMED

Roger Walker, et al. v. State of Louisiana, Dept. of Transp. and Dev. Docket Number 01-CC-2078: REVERSED AND REMANDED


 

BY KIMBALL, J. :

2000-K- 2998 STATE OF LOUISIANA v. LARRY EVERETT (Parish of Orleans) (Habitual Offender Law - Third Felony Offender)

For the foregoing reasons, we find that the trial court did not err in adjudicating defendant a third offender notwithstanding the fact that he could not previously have been adjudicated a second offender. The court of appeal's judgment vacated the defendant's adjudication as a third felony offender and sentence is reversed. The trial court's judgment adjudging defendant a third felony offender and imposing sentence therefor is reinstated.

REVERSED.
 

CALOGERO, C.J., concurs in the result and assigns reasons.


 

2001-K- 0293 STATE OF LOUISIANA v. EDDIE SIMMONS (Parish of Jefferson) (Attempted Unauthorized Entry of an Inhabited Dwelling)

Defendant's conviction and sentence for attempted unauthorized entry of an inhabited dwelling is reversed and the matter is remanded for a new trial.

Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Chief Justice Pascal F. Calogero, Jr., recused.

REVERSED AND REMANDED.



2001-KA- 0405 STATE OF LOUISIANA v. JOSEPH MICHAEL CARMOUCHE (Parish of Acadia) (First Degree Murder)

For the reasons assigned herein, the defendant's conviction 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 C.Cr.P. 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.



BY JOHNSON, J. :

2001-C- 1989 JAMES O. RHODES v. RALPH LEWIS, SR. ET AL . (Parish of Calcasieu)

We hold that LSA-C.C.P. art. 1915(A)(1) is inapplicable to workers' compensation cases. Accordingly, we affirm the court of appeal's determination that the appeal in this matter was premature.



BY VICTORY, J.
:

2001-KA- 2149 STATE IN THE INTEREST OF D. J. (Parish of Orleans)

For the reasons stated herein, the judgment of the Juvenile District Court for the Parish of Orleans declaring La. Ch. C. art. 808 unconstitutional is reversed and the matter is remanded to that court for further proceedings in accordance with this opinion.

REVERSED AND REMANDED.

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

JOHNSON, J., dissents and assigns reasons.



BY TRAYLOR, J. :

2001-C- 2578 E.R. CAMPBELL, III, ET UX v. HAROLD KEITH MELTON (Parish of Caddo)

For the reasons assigned, the judgments of the trial court and appeals court are vacated and set aside. It is now ordered that there be judgment in favor of defendant, Harold Keith Melton, and against the plaintiffs, Edward and Kimberly Campbell. It is further ordered that the reconventional demand by Harold Melton is hereby dismissed. It is further ordered that the Clerk of Court for the 1st Judicial District in Caddo Parish cancel the notice of lis pendens filed on December 18, 1997 under Instrument No. 1584980, in Mortgage Book 2677 at page 198, regarding the subject property.

VACATED; JUDGMENT RENDERED FOR DEFENDANT.

Retired Justice Walter F. Marcus, assigned as Associate Justice Ad Hoc, sitting for Justice Catherine D. Kimball, recused.

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

VICTORY, J., concurs.

WEIMER, J., concurs.




2001-KK- 2712 STATE OF LOUISIANA v. TENNA BENOIT, JR. (Parish of Jefferson) (Driving While Intoxicated)

Accordingly, the police officer's conduct did not violate La. Rev. Stat. 32:895.1(F). We, therefore, reverse the appellate court's order and reinstate the district court's denial of the defendant's motion to suppress and remand this matter to the trial court for further proceedings consistent with this opinion.


BY KNOLL, J. :

2000-K- 1580 STATE OF LOUISIANA v. MARVA L. WATSON A/K/A LAWRENCE LACKINGS (Parish of Orleans) (Possession of Heroin)

For the foregoing reasons, we reverse the judgment of the court of appeal and reinstate defendant's conviction and sentence. The defendant's claim of ineffective assistance of counsel is referred to post-conviction proceedings.

JUDGMENT REVERSED, CONVICTION AND SENTENCE REINSTATED.

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

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

JOHNSON, J., dissents and assigns reasons.




BY WEIMER, J. :

2001-K- 0554 C/W 2001-K-0667 STATE OF LOUISIANA v. MICHAEL WILLIAMS (Parish of Jefferson)  (Second Degree Murder)

 For the foregoing reasons, we reverse the decision of the court of appeal ordering a new trial and remand the matter to the court of appeal to consider the merits of Michael Williams' original appeal.

REVERSED AND REMANDED.


 

PER CURIAM :

2001-B- 2772 IN RE: DURINDA L. ROBINSON (Disciplinary Proceedings)

For the reasons assigned, it is ordered that Durinda L. Robinson be suspended from the practice of law for a period of one year. It is further ordered that eleven months of the suspension be deferred. Following the completion of the active portion of her suspension, respondent shall be placed on probation subject to the conditions set forth in this opinion. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, §10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.



2001-CC- 2837 LISA RACINE AND JAMES RAY RACINE , INDIVIDUALLY AND AS NATURAL TUTOR/TUTRIX OF THE MINOR CHILDREN, HUNTER RACINE AND LOGAN RACINE v. MOON'S TOWING, GOLDWASSER MOVING AND STORAGE, INC. ROBERT GOLDWASSER, LOUIS HAUSER, INSURANCE COMPANY OF AMERICA AND XYZ INSURANCE COMPANY (Parish of Jefferson)

For the reasons assigned, the judgment of the district court is reversed. Summary judgment is granted in favor of Goldwasser Moving and Storage Company, Inc. d/b/a A-Arpin Moving & Storage and Robert Goldwasser, dismissing plaintiffs' claims against them with prejudice. All costs in this court are assessed against plaintiffs.


2001-B- 3240 IN RE: WILLIAM TRACY BARSTOW (Disciplinary Proceedings)

For the reasons assigned, it is ordered that respondent be suspended from the practice of law for a period of three months for the misconduct charged in Count I. This suspension shall be fully deferred, and respondent shall be placed on probation for a period of one year, subject to the provision that any misconduct during this time will be grounds for making the deferred portion of the suspension executory. It is further ordered that respondent be and hereby is publicly reprimanded for the misconduct charged in Count II. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, §10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.
 

Retired Justice Walter F. Marcus, Jr., assigned as Justice ad hoc, sitting for Associate Justice Jeanette Theriot Knoll, recused.

JOHNSON, J., dissents and would impose a greater penalty.

TRAYLOR, J., dissents and would impose a greater penalty.

 

 

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