NEWS RELEASE # 46
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 31st day of
May, 2002, are as follows:
BY VICTORY, J.:
2488 STATE OF LOUISIANA v. PATRICK PALERMO (Parish
2000-K- 2499 STATE OF LOUISIANA v. FRANK PALERMO (Parish
of Jefferson) (Placing Combustible Materials)
For the reasons stated herein, the judgments of the
courts of appeal are reversed and the defendants'
convictions and sentences under La. R.S. 14:54 are
vacated and set aside. La. R.S. 14:54 is declared
unconstitutional. The matter of State v. Frank Palermo,
No. 00-K-2499, is remanded to the trial court for
further proceedings in accordance with this opinion.
STATE V. PATRICK PALERMO, NO. 00-K-2488:
REVERSED. CONVICTION AND SENTENCE UNDER LA. R.S. 14:54
VACATED AND SET ASIDE. LA. R.S. 14:54 DECLARED UNCONSTITUTIONAL.
STATE V. FRANK PALERMO, NO. 00-K-2499:
REVERSED AND REMANDED. CONVICTION AND SENTENCE UNDER
LA. R.S.14:54 VACATED AND SET ASIDE. LA. R.S. 14:54
J., dissents and assigns reasons.
0006 STATE OF LOUISIANA v. JERMAINE JOHNSON (Parish
of Caddo) (Battery on a Police Officer)
The decision of the court of appeal is therefore reversed,
relator's conviction and sentence are vacated, and
this case is remanded to the district court for further
proceedings consistentwith the views expressed herein.
DECISION OF COURT OF APPEAL REVERSED; CONVICTION AND
SENTENCE VACATED; CASE REMANDED.
2864 IN RE: ARTHUR F. DUMAINE (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 Arthur F. Dumaine be suspended
form the practice of law in Louisiana for a period
of one year. It is further ordered that six months
of this suspension shall be deferred. Following the
active portion of his suspension, respondent shall
be placed on supervised probation for a period of
one year, 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.
TRAYLOR, J., dissents and would impose a greater penalty.
3069 TROY LANGLINAIS, INDIVIDUALLY AND AS TUTOR OF
THE MINORS, TROY O'NEIL LANGLINAIS AND TERRY LANGLINAIS
v. THE CITY OF WESTWEGO AND ERIC LIRETTE (Parish
After reviewing the record in this case, we find that
the defendant's motion for summary judgment was not
properly supported. We therefore recall our order
granting certiorari and deny the application.
WRIT RECALLED; APPLICATION DENIED.