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FOR
IMMEDIATE NEWS RELEASE
NEWS
RELEASE # 25
FROM:
CLERK OF SUPREME COURT OF LOUISIANA
The
Opinions handed down on the 1st day of April, 2005
, are as follows:
BY
KIMBALL, J. :
2003-KA-1980
STATE OF LOUISIANA v. SHAWN
J. HIGGINS (Parish of Jefferson)
(First
Degree Murder)
For
the reasons assigned herein, we set aside the defendant's
first degree murder conviction and death sentence. We hereby
modify the jury's verdict of guilty of first degree murder
and render a judgment of guilty of second degree murder. La.
Code Crim. Proc. art. 821(E). We remand the case to the trial
court for sentencing of the defendant on the modified judgment
to serve life imprisonment at hard labor without benefit of
parole, probation, or suspension of sentence as provided for
in La. R.S. 14:30.1(B).
CONVICTION
OF FIRST DEGREE MURDER AND DEATH SENTENCE SET ASIDE; JUDGMENT
OF GUILTY OF SECOND DEGREE MURDER RENDERED; REMANDED TO THE
TRIAL COURT FOR SENTENCING OF DEFENDANT TO LIFE IMPRISONMENT
AT HARD LABOR
WITHOUT BENEFIT OF PAROLE, PROBATION, OR SUSPENSION OF SENTENCE.
JOHNSON,
J., dissents and assigns reasons.
TRAYLOR,
J., dissents and assigns reasons.
BY
VICTORY, J. :
2004-KA-1841
STATE OF LOUISIANA v. ADRIAN
CITIZEN AND STATE OF LOUISIANA V. BENJAMIN G. TONGUIS
(Parish of Calcasieu)
(Funding
for Indigent Defendants in Criminal Cases)
For
the reasons stated herein, the judgment of the trial court
is reversed. We order that unless adequate funds are identified
and made available in a manner authorized by law as expressed
in this opinion, upon motion of the defendants, the trial
judge may halt the prosecution of these cases until adequate
funds become available to provide for these indigent defendants'
constitutionally protected right to counsel or take other
measures consistent with this opinion which protect the constitutional
or statutory rights of the defendants.
REVERSED
AND REMANDED.
JOHNSON,
J., concurs in part, dissents in part and will assign reasons.
KNOLL,
J., concurs in the result.
BY
WEIMER, J. :
2004-C-
0473 WILLIS-KNIGHTON MEDICAL
CENTER v. CADDO-SHREVEPORT SALES AND USE TAX COMMISSION
(Parish of Caddo)
For
the reasons expressed herein, we affirm the decision of the
second circuit court of appeal. However, we remand this matter
to the district court for consideration of the constitutionality
of LSA-R.S. 47:305(D)(1)(s).AFFIRMED; CASE REMANDED
TO DISTRICT COURT.
KIMBALL,
J., concurs in part and dissents in part and assigns reasons.
JOHNSON,
J., concurs in part and dissents in part with reasons.
TRAYLOR,
J., concurs in part and dissents in part and assigns reasons.
KNOLL,
J., concurs in result and assigns reasons.
WEIMER,
J., assigns additional reasons.
PER
CURIAM :
2004-B-
2064 IN RE: HENRY J. LAFONT,
JR .
(Disciplinary
Proceedings)
Upon
review of the findings and recommendation of the hearing committee
and the disciplinary board, and considering the record, briefs,
and oral argument, it is ordered that Henry J. Lafont, Jr.,
Louisiana Bar Roll number 8094, be suspended from the practice
of law in Louisiana for a period of ninety days. 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.
Retired
Judge Melvin A. Shortess, assigned as Justice ad hoc, sitting
for Associate Justice John L. Weimer, recused.
JOHNSON,
J., would impose a more severe penalty.
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