FOR IMMEDIATE NEWS RELEASE

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.:

2000-K- 2488 STATE OF LOUISIANA v. PATRICK PALERMO (Parish of Jefferson)

C/W

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 DECLARED UNCONSTITUTIONAL.

JOHNSON, J., dissents and assigns reasons.

PER CURIAM:

2001-K- 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.



2001-B- 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.



2001-CC- 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 of Jefferson)

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.