FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE # 44
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinion handed down on the 13th day of
June, 2005, is as follows:
BY WEIMER, J.:
STATE OF LOUISIANA v. ROBERT CUNNINGHAM (Parish
(Possession of Marijuana)
The judgment of the Appellate Division of Criminal District
Court for the Parish of Orleans finding LSA-R.S. 5:499-501
unconstitutional isreversed. Defendant's conviction
and sentence are reinstated. The matter is remanded
to the trial court for further proceedings consistent
with this opinion.
REVERSED AND REMANDED.
CALOGERO, C.J., dissents and assigns reasons.
JOHNSON, J., dissents and assigns reasons.
KNOLL, J., concurs in result.