Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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2005 News Releases

News Release #62


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.






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