FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE # 62
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 29th day
of November, 2005, are as follows:
BY KIMBALL, J.:
2004-K-
2863 STATE OF LOUISIANA v. CURTIS JACKSON (Parish
of Ouachita)
(Aggravated Assault upon a Peace Officer with a Firearm)
For the foregoing reasons, we find that a trial judge
is not without jurisdiction to accept a defendant's
knowing and voluntary guilty plea simply because the
plea is not responsive to that charged in the bill
of information and the district attorney has not amended
the bill to conform to the plea. The court of appeal's
judgment vacating defendant's guilty pleas and remanding
the case to the district courtfor further proceedings
is reversed. The trial court's conviction and sentence
are reinstated. The matter is remanded to the court
of appealfor consideration of defendant's appeal,
which was pretermitted by thecourt of appeal's finding
of a reversible error patent.
REVERSED AND REMANDED.
BY WEIMER, J.:
2004-C- 2894 C/W 2004-C- 2918
SAM
P. CICHIRILLO v. AVONDALE INDUSTRIES, INC., HOPEMAN
BROTHERS, INC., INDIVIDUALLY AS ALLEGED SUCCESSOR
IN INTEREST TO ITS FORMER WHOLLY-OWNED SUBSIDIARY,
WAYNE MANUFACTURING COMPANY, INC., UNIROYAL, INC.,
CHARLES JOHNSON, EAGLE, INC., REILLY-BENTON COMPANY,
INC., ET AL.(Parish of Orleans)
For the foregoing reasons, we reverse the judgement
of the court of appeal and affirm the judgment of
the trial court granting the exception of prescription
in favor of defendants, Peter Territo and Northrop
Grumman Ship Systems, Inc., formerly known as Avondale
Industries, Inc.
REVERSED.
JOHNSON, J., concurs.
VICTORY, J., concurs.