FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE # 39
FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 6th day
of July, 2006, are as follows:
BY CALOGERO, C.J.:
2005-C-
1935 C/W 2005-C- 1940 CHANDA JAN COVINGTON SPINOSA
v. JOSEPH THOMAS SPINOSA (Parish of E. Baton Rouge)
The judgment of the court of appeal overruling the
defendants' exceptions of subject-matter jurisdiction
and venue are here affirmed. The case is remanded
to the Family Court of East Baton Rouge Parish for
such further proceedings as the parties deem necessary
and not inconsistent with this opinion.
AFFIRMED; REMANDED TO THE FAMILY COURT.
Judge Dennis R. Bagneris, Sr., assigned as Justice
Ad Hoc, for Associate Justice Chet D. Traylor, recused.
BY JOHNSON, J.:
2005-CJ-1965
STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES,
IN THE INTEREST OF D. F. v. L. T., JR. CONSOLIDATED
WITH STATE OF LOUISIANA, DEPARTMENT OF SOCIAL SERVICES,
IN THE INTEREST OF J. T. v. L. T., JR. (Parish of
Jefferson)
Thus, we find that the lower courts erred in their
rulings. We reversethe lower courts' judgments and
remand the case to the trial court to reassess the
father's child support obligation.
REVERSED and REMANDED
KNOLL, J., concurs in the result.
BY VICTORY, J.:
2005-C-
2126 CHRISTY SALVANT, INDIVIDUALLY, AND AS NATURAL
TUTRIX OF HER MINOR SON,SHAWN LEWIS, JR. AND SHAWN
LEWIS, SR. v. STATE OF LOUISIANA, THE BOARD OF
SUPERVISORS OF LOUISIANA STATE UNIVERSITY AND AGRICULTURAL
AND MECHANICAL COLLEGE, LOUISIANA STATE UNIVERSITY
MEDICAL CENTER AT NEW ORLEANS MEDICAL CENTER OF LOUISIANA
AT NEW ORLEANS, ET AL. (Parish of Orleans)
For the reasons stated herein, the judgment of the
court of appeal is reversed and the trial court judgment
is reinstated.
REVERSED.
CALOGERO, C.J., dissents.
JOHNSON, J., dissents and assigns reasons.
2006-O-
0454 IN RE: JUDGE TAMMY LEE, MONROE CITY COURT,
STATE OF LOUISIANA
For the foregoing reasons, it is ordered that Judge
Tammy D. Lee be, and she hereby is, suspended from
judicial office for 120 days without pay. It is further
ordered that Judge Lee reimburse and pay to the Judiciary
Commission costs in the sum of $974.70 incurred in
the investigation and prosecution of her case, pursuant
to Supreme Court Rule XXIII, § 22.
RESPONDENT SUSPENDED, 120 DAYS WITHOUT PAY, AND CAST
FOR COSTS.
WEIMER, J., dissents as to the discipline imposed
and assigns reasons.
2006-CJ-0501
STATE OF LOUISIANA IN THE INTEREST OF A.T., T.A.,
& J.A.(Parish of Livingston)
For the reasons stated herein, the judgment of the
court of appeal is affirmed.
AFFIRMED.
TRAYLOR, J., dissents.
KNOLL, J., dissents and assigns reasons.
BY WEIMER, J.:
2004-K-
3039 STATE OF LOUISIANA v. MICKEL BRISCO (Parish
of Iberia)
For the foregoing reasons, the decision of the court
of appeal is reversed and the sentence imposed by
the district court is reinstated.
REVERSED; SENTENCE REINSTATED.
Retired Judge Phillip C. Ciaccio, sitting ad hoc for
Justice Catherine D. Kimball, not on panel.
JOHNSON, J., dissents and assigns reasons.
PER CURIAM:
2005-B-
1871 IN RE: MITCHELL REID LANDRY (Disciplinary
Board)
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 Mitchell Reid Landry, Louisiana
Bar Roll number 24147, be suspended from the practice
of law for a period of six months. It is further ordered
that all but thirty days of the suspension shall be
deferred and respondent shall be placed on unsupervised
probation for six months, subject to the condition
that any misconduct during this period may be grounds
for making the deferred portion of the 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.
TRAYLOR, J., dissents and would impose greater discipline.
2005-C-
2378 FRANK HAYNES v. UNITED PARCEL SERVICE (Office
Of Workers' Compensation, Dist. #1W)
For the reasons assigned, the judgment of the court
of appeal is reversed. The judgment of the Office
of Workers' Compensation is reinstated. Both parties
are to bear their own costs.