FROM : CLERK OF SUPREME COURT OF LOUISIANA
handed down on the 25th day of October,
2002 , are as follows:
TRAYLOR, J. :
2738 STATE EX REL GLEN SEALS v. STATE OF LOUISIANA
(Parish of Jefferson) (First Degree Murder)
For the reasons
assigned, we conclude that under the facts of this
case, the district court correctly found that it cannot
be retrospectively determined whether the defendant
possessed the mental capacity to stand trial. Accordingly,
we affirm the judgment of the district court which
vacated the defendant's conviction and sentence and
ordered a new trial. The case is remanded to the district
court for new trial.
REMANDED FOR NEW TRIAL.
Retired Judge Thomas C. Wicker, Jr., assigned as Associate
Justice ad hoc, sitting for Chief Justice Pascal F.
Calogero, Jr, recused.
VICTORY, J., concurs.
0057 JESCO CONSTRUCTION CORPORATION v. NATIONSBANK
CORPORATION, ET AL. AMERICAN INTERNATIONAL SPECIALTY
LINES INSURANCE COMPANY, CONTINENTAL CASUALTY COMPANY,
UNDERWRITERS AT LLOYDS OF LONDON v. BANK OF AMERICA
COMMERCIAL FINANCE CORPORATION FORMERLY KNOWN AS NATIONSCREDIT
COMMERICIAL FINANCE CORPORATION (On Certified Question
to the Court 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.
C.J., dissents and assigns reasons.
2465 STATE OF LOUISIANA v. VAUCHON COJOE (Parish
of Orleans) (Possession of Cocaine)
the trial court correctly denied respondent's motion
to suppress the evidence. The court of appeal's decision
to the contrary is reversed, the ruling of the trial
court is reinstated, and this case is remanded to
the trial court for further proceedings consistent
with the views expressed herein.
THE COURT OF APPEAL REVERSED; JUDGMENT OF THE DISTRICT
COURT REINSTATED; CASE REMANDED.
3191 STATE OF LOUISIANA v. ELIZABETH ZACHARY
(Parish of Livingston) (Obstruction of Justice)
the trial court in the present case erred in finding
that the State had failed to carry its burden under
Shelton of showing that the defendant had entered
an informed and voluntary no contest plea in Florida
to a crime that is the equivalent of a felony offense
in Louisiana. The order quashing the habitual offender
bill is therefore set aside and this case is remanded
to the court of appeal for consideration of the issues
pretermitted in its previous ruling.
THE FIRST CIRCUIT VACATED; CASE REMANDED TO THE FIRST
CIRCUIT FOR CONSIDERATION OF PRETERMITTED ISSUES.
0623 WENDY GILLEY v. PARKVIEW BAPTIST SCHOOL
(Office Of Workers' Compensation District No. 5)
oral arguments and reviewing the record, we conclude
there is no error in the judgment of the court of
appeal. Accordingly, we affirm that judgment.