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2002 News Releases

News Release #004

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 4

FROM: CLERK OF SUPREME COURT OF LOUISIANA

The Opinions handed down on the 15th day of January, 2002 , are as follows:

BY CALOGERO, C.J. :

2001-CQ- 1106 AIZENHAWAR (AIZEN) J. MARROGI v. RAY HOWARD AND RAY HOWARD & ASSOCIATES, INC . (United States Courts Of Appeals For The Fifth Circuit)

We answer the certified question as set forth in this opinion. Pursuant to Rule XII, Supreme Court of Louisiana, the judgment rendered by this court upon the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties.

CERTIFIED QUESTION ANSWERED.

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

2001-CC- 1522 JUSTIN BRIAN LENARD, INDIVIDUALLY AND ON BEHALF OF THE SUCCESSION OF NATALIE DIANE LENARD AND SARA BETH LENARD v. ERWIN DILLEY, METRO AMBULANCE SERVICE, INC. & NATIONAL UNION FIRE INSURANCE OF PITTSBURGH, PENNSYLVANIA (Parish of Ouachita)

We therefore, remand the matter to the district court for further proceedings.

REVERSED; REMANDED TO DISTRICT COURT.

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

KIMBALL, J., concurs and assigns reasons .

BY KIMBALL, J. :

2001-CJ- 2441 STATE OF LOUISIANA IN THE INTEREST OF L.C.B. (Parish of E. Baton Rouge)

Therefore, the court's order that L.C.B. be moved to a certified foster home is reversed and the case is remanded to the juvenile court for proceedings not inconsistent with this opinion.

REVERSED AND REMANDED.

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

BY JOHNSON, J. :

2001-KA- 0467 STATE OF LOUISIANA v. JOHN A. WEAVER, ET AL ("MULLET CASES") (Parish of St. Bernard)

(Various Violations of LSA-R.S. 56:333; Commercial Taking of Mullets)

Accordingly we hold that the trial court erred in finding that the penalty under R.S. 56:333(F), providing for a lifetime revocation of a commercial mullet fishing license or permit, is excessive and violative of due process and equal protection. Contrary to the trial court's finding, the harsher punishment is rationally related to the legislature's express purpose of promoting the enhancement of the state's mullet fishery, and therefore, does not amount to an equal protection violation given the capability of commercial fishermen to move large amounts of mullet out of Louisiana waters.

REVERSED.

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

BY VICTORY, J. :

2000-KA- 2086 STATE OF LOUISIANA v. DANIEL T. IRISH (Parish of Caddo) (First Degree Murder)

For the reasons assigned herein and in the unpublished appendix, 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 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. Rev. Stat. 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. Rev. Stat. 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 Associate Justice Pro Tempore, participating in this decision.

2001-CC- 1182 JESSICA ANN ROUGEAU v. HYUNDAI MOTOR AMERICA, ET AL (Parish of Orleans)

For the reasons stated herein, the judgment of the court of appeal is affirmed.

AFFIRMED.

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

KNOLL, J., concurs and assigns reasons.

BY TRAYLOR, J. :

2000-K- 1158 STATE OF LOUISIANA v. ALLEN MAISE (SENTENCED AS "ALAN MAISE")

(Parish of Jefferson) (Aggravated Rape of a Juvenile)

For the reasons assigned, the judgment of the lower courts are affirmed. The matter is remanded and the trial court is ordered to notify the defendant of the post conviction deadline.

AFFIRMED.

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

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

KIMBALL, J., dissents for reasons assigned by Calogero, C.J.

JOHNSON, J., dissents and assigns reasons.

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

BY KNOLL, J. :

2001-C- 1144 C/W 2001-C- 1343, 2001-C- 1355, 2001-C- 1360

SUCCESSION OF VIRGINIA FANNALY, MARK AINSWORTH, AND BRETT AINSWORTH v. LAFAYETTE INSURANCE COMPANY , DOYLE BROWN, AND ALLSTATE INSURANCE COMPANY (Parish of Tangipahoa)

In conclusion, we find the Lafayette police neither provided liability coverage for Mr. Bown nor UM coverage for the passengers in the Brown automobile. Accordingly, the judgment of the court of appeal is affirmed.

AFFIRMED.

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

BY LOBRANO, J. :

2000-KA- 1529 STATE OF LOUISIANA v. ROY BRIDGEWATER (Parish of Jefferson)

(First Degree Murder)

For the reasons assigned, we set aside defendant's first degree murder conviction and death sentence. We hereby modify the jury's verdict of guilty of first degree murder and render a judgment of guilty of second degree murder. La. C.Cr.P. art. 821(E). We remand the case to the district court for sentencing of defendant on the modified judgment to serve life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence as provided for in La. R.S. 14:30.1(B).

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

VICTORY, J., dissents and assigns reasons.

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

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

2001-C- 1140 DONNA HILLMAN v.COMM-CARE, INC., COMMUNITY CARE CENTER OF LEESVILLE (Office Of Workers' Compensation District No.02)

For the foregoing reasons, the judgments of the lower courts are reversed and this case is dismissed.

REVERSED.

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

JOHNSON, J., dissents and assigns reasons.

PER CURIAM :

2001-B- 1337 IN RE: HAL J. SCOTT

(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 Hal J. Scott be suspended from the practice of law in Louisiana for a period of thirty-six months, retroactive to September 3, 1999, the date of his interim suspension. 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 the finality of this court's judgment until paid.

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

2001-B- 2022 IN RE: DONALD R. DOBBINS

(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 Donald R. Dobbins be suspended from the practice of law for a period of one year. All but six months of the suspension shall be deferred, subject to a one-year period of probation governed by the conditions recommended by the hearing committee. It is further ordered that any misconduct during the probationary period will be grounds for making the deferred period of suspension executory and/or imposing additional discipline, as appropriate. 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 Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

2001-B- 2310 IN RE: R. NEAL WILKINSON

(Disciplinary Proceedings)

Upon consideration of the record, briefs and oral argument, it is ordered that R. Neal Wilkinson be suspended from the practice of law for a period of sixty days. 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 Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.

 

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