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 2003 News Releases

News Release #082

FOR IMMEDIATE NEWS RELEASE  


NEWS RELEASE # 82


FROM: CLERK OF SUPREME COURT OF LOUISIANA



The Opinions handed down on the 3rd day of December, 2003 , are as follows:



BY CALOGERO, C.J. :

 

2001-KA-2732       STATE OF LOUISIANA v. THOMAS F. CISCO, JR. (Parish of Calcasieu) First Degree Murder, Three Counts)

For the reasons set forth above, the defendant's convictions and sentence are reversed, and the case is remanded to the district court for a new trial and the appointment of defense counsel.

REVERSED AND REMANDED.

VICTORY, J., dissents and assigns reasons.

 

2003-C -0680       MARK CHEAIRS v. STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT, BATON ROUGE POLICE DEPARTMENT, THE STATE OF LOUISIANA, THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS  AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (Parish of E. Baton Rouge)

We affirm the judgment of the court of appeal on the liability portion of the bifurcated trial finding DOTD 55 percent at fault for the plaintiff's accident. The case is remanded to the district court for trial of the second of the bifurcated phases, i.e., the damages suffered by plaintiff.

AFFIRMED.

VICTORY, J., dissents and assigns reasons.

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


BY VICTORY, J. :

 

2002-KA-1462       STATE OF LOUISIANA v. MICHAEL D. LEGRAND (Parish of Jefferson) (First Degree Murder)

For the reasons assigned herein, the defendant's conviction for first degree murder and his sentence of death 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. C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 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. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.

AFFIRMED.

 

2003-CC-0719      C/W   2003-CC-0993  2003-CC-1002      RALEIGH LANDRY AND CLAILEE AUCOIN LANDRY v. AVONDALE INDUSTRIES, INC., ET AL. (Parish of Orleans)

 For the reasons stated herein, the judgments of the court of appeal are reversed, the exceptions of no cause of action on the loss of consortium claim are granted, Mrs. Landry's pre-death loss of consortium claims are dismissed with prejudice, and the case is remanded for further proceedings.

REVERSED AND REMANDED.

 CALOGERO, C.J., concurs in part and assigns reasons.

JOHNSON, J., concurs in the result.

KNOLL, J., concurs in the result only.


BY TRAYLOR, J. :

 

2002-CC-3060       INTERNATIONAL RIVER CENTER, ET AL. v. JOHNS-MANVILLE SALES CORPORATION, ET AL. (Parish of Orleans)

For the foregoing reasons, the ruling of the trial court is reversed. The matter is remanded to the trial court for disposition not inconsistent with this opinion.

REVERSED AND REMANDED


BY KNOLL, J. :

 

2003-C -0360       THE SULTANA CORPORATION D/B/A HANNON JEWELERS v. JEWELERS MUTUAL INSURANCE COMPANY (Parish of E. Baton Rouge)

For the foregoing reasons, the judgments of the lower courts are reversed and set aside. This matter is remanded to the trial court for consideration of the award of penalties in accordance with the views expressed in this opinion.

REVERSED AND REMANDED.


BY WEIMER, J. :

 

2003-K -0485       STATE OF LOUISIANA v. TORY BOATNER (Parish of Orleans)

(Second Degree Murder)

For the foregoing reasons, we find that defendant has failed to demonstrate any prejudice from the transcript of his trial despite the numerous inaudible responses contained therein. Defendants are guaranteed a right to appeal "based upon a complete record of all evidence upon which the judgment is based." La. Const. art. I, §19. Our review of the record indicates the defendant was afforded such a right.

REVERSED; CONVICTION AND SENTENCE AFFIRMED.

 

2003-C -0794       MICHAEL JOSEPH GALLO v. BRENDA ANN CONNER GALLO (Parish of Orleans)

For these reasons, we dismiss with prejudice the "Petition to Disavow Paternity" as having been perempted; we reverse the judgment of the court of appeal, and we deny Mr. Gallo's motion for reimbursement.

PETITION DISMISSED WITH PREJUDICE; JUDGMENT REVERSED.

JOHNSON, J., dissents and assigns reasons.

VICTORY, J., concurs.


PER CURIAM :

 

2002-OB-2578       IN RE: KELLE HINSON-LYLES

(Bar Admissions)

After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner has failed to meet her burden of proving that she has "good moral character" to be admitted to the Louisiana State Bar. Accordingly, it is ordered that Kelle Hinson-Lyles' petition for admission be and is denied.

CALOGERO, C.J., concurs for the reasons assigned by Weimer, J.

KIMBALL, J., dissents and assigns reasons.

TRAYLOR, J., dissents and assigns reasons.

KNOLL, J., additionally concurs and assigns reasons.

WEIMER, J., concurs and assigns reasons.

 

2003-K -0518       STATE OF LOUISIANA v. WILLIAM TAVES (Parish of Vermilion) (False Imprisonment When the Offender is Armed With a Dangerous Weapon; Second Degree Kidnapping)

Accordingly, the decision of the court of appeal is affirmed in part and reversed in part, respondent's sentences are reinstated, and this case is remanded to the district court for execution of sentence.

DECISION OF COURT OF APPEAL AFFIRMED IN PART, REVERSED IN PART; SENTENCES REINSTATED; CASE REMANDED.

 

2003-B -0980       IN RE: DEREK JOHN HONORE

(Disciplinary Proceedings)

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Derek John Honore, Louisiana Bar Roll number 25711, be suspended from the practice of law for a period of two years. It is further ordered that this suspension shall be deferred in its entirety and respondent shall be placed on supervised probation for a period of two years, subject to the conditions identified in this opinion. Any violation of the conditions of probation or other misconduct during the probationary period may be grounds for making the deferred suspension executory 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.

  VICTORY, J., dissents and assigns reasons.

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

WEIMER, J., dissents and assigns reasons.

 

2003-C -1003       C.T. TRAINA, INC. v. SUNSHINE PLAZA, INC. (Parish of St. Tammany)

For the reasons assigned, the judgment of the court of appeal is reversed, and the judgment of the trial court in favor of C. T. Traina, Inc. is hereby reinstated. All costs in this court are assessed against Sunshine Plaza, Inc.

  WEIMER, J., concurs and assigns reasons.

 

2003-B -1608       IN RE: EDSELLE K. CUNNINGHAM

                  (Disciplinary Proceedings)

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Edselle K. Cunningham, Louisiana Bar Roll number 4655, be suspended from the practice of law for a period of six months. Following completion of the suspension, it is ordered that respondent shall be placed on supervised probation for a period of two years, subject to the conditions identified in this opinion. Any violation of these conditions or other misconduct during the probationary period may be grounds to revoke probation and cause respondent to be suspended for the remainder of the probationary period or receive 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.

 

2003-B -1736       IN RE: GILDA R. SMALL

                  (Disciplinary Proceedings)

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Gilda R. Small, Louisiana Bar Roll number 2114, is suspended from the practice of law for a period of one year and one day. It is further ordered respondent render accountings to her clients and refund any unearned fees. 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.

 

2003-B -1890       IN RE: RAYMOND EARL BOUDREAU, JR.

                  (Disciplinary Proceedings)

Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, and the Office of Disciplinary Counsel's brief, it is ordered that Raymond Earl Boudreau, Jr., Louisiana Bar Roll number 24028, be adjudged of additional violations warranting a lengthy suspension for his susbstantive misconduct in the Donaldson matter. These violations shall be added to his record for consideration in the event he seeks reinstatement from the suspension imposed in In re: Boudreau , 00-3158 (La. 1/5/01), 776 So. 2d 428. For his failure to cooperate in the disciplinary investigation of the Donaldson matter, it is ordered that respondent be suspended from the practice of law for a period of six months. This suspension shall run consecutively to the suspension imposed in In re: Boudreau , 00-3158(La.1/5/01), 776 So. 2d 428. 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.

 
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