FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 77

FROM : CLERK OF SUPREME COURT OF LOUISIANA
 

The Opinions handed down on the 25th day of October, 2002 , are as follows:

 

BY TRAYLOR, J. :

2000-KP- 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.

AFFIRMED AND 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.

 

2002-CQ- 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.

CERTIFIED QUESTION ANSWERED.

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

 

PER CURIAM :

2001-KK- 2465 STATE OF LOUISIANA v. VAUCHON COJOE (Parish of Orleans) (Possession of Cocaine)

Accordingly, 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.

DECISION OF THE COURT OF APPEAL REVERSED; JUDGMENT OF THE DISTRICT COURT REINSTATED; CASE REMANDED.
 

JOHNSON, J., dissents.

 

2001-KK- 3191 STATE OF LOUISIANA v. ELIZABETH ZACHARY (Parish of Livingston) (Obstruction of Justice)

Accordingly, 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.

DECISION OF THE FIRST CIRCUIT VACATED; CASE REMANDED TO THE FIRST CIRCUIT FOR CONSIDERATION OF PRETERMITTED ISSUES.


 

2002-C- 0623 WENDY GILLEY v. PARKVIEW BAPTIST SCHOOL (Office Of Workers' Compensation District No. 5)

After hearing 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.