Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Catherine D. Kimball. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Timothy F. Averill. Judicial Administrator
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 2006 News Releases

News Release #060

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 060

FROM: CLERK OF SUPREME COURT OF LOUISIANA

 

The Opinions handed down on the 17th day of October, 2006, are as follows:

BY KIMBALL, J.:

2005-K -1571 STATE OF LOUISIANA v. MICHAEL BATISTE (Parish of Orleans)
(Video Voyeurism)

The judgments of the lower courts are reversed, and the matter is remanded to the district court for proceedings consistent with this opinion.
REVERSED AND REMANDED.

CALOGERO, C.J., dissents and assigns reasons.
JOHNSON, J., dissents and assigns reasons.
WEIMER, J., dissents and assigns reasons.

 

2005-C -1594 YATA JACKSON, INDIVIDUALLY, TROY JACKSON, INDIVIDUALLY, AND YATA JACKSON AND TROY JACKSON ON BEHALF OF THEIR MINOR SON, TROY WILLIAMS, II v. TULANE MEDICAL CENTER HOSPITAL AND CLINIC AND ITS EMPLOYEES, AND DABNEY J. HAMNER, JR., M.D. AND ABC INSURANCE COMPANY (Parish of Orleans)

Consequently, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated.
REVERSED.

CALOGERO, C.J., dissents for reasons assigned by Weimer, J.
JOHNSON, J., dissents and assigns reasons.
WEIMER, J., dissents and assigns reasons.

 

2005-CC-2289 JASON MALLETT v. PAOLA MCNEAL AND UNITED SERVICES AUTOMOBILE ASSOCIATION (Parish of E. Baton Rouge)
C/W

2005-CC-2322 CHARLES RICHEY AND BARBARA RICHEY v. INFINITY INSURANCE COMPANY, KAMERON E. DIXON AND KEITH DIXON (Parish of Vernon)

Therefore, we affirm the district court's denial of the exception of prescription in 05-CC-2289, and we vacate the ruling in 05-CC-2322 and remand the case to the district court for further proceedings consistent with this opinion.

05-CC-2289 AFFIRMED.

05-CC-2322 VACATED AND REMANDED.

VICTORY, J., dissents and assigns reasons.

 

BY VICTORY, J.:

2006-C -0034 MARK SAMUELS, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILDREN, GEOFFREY SAMUELS, ERIC SAMUELS AND NAOMI SAMUELS AND MADILYN SAMUELS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, STATE FARM FIRE AND CASUALTY INSURANCE COMPANY, EVANSTON INSURANCE COMPANY AND ALVIN SAMUELS (Parish of Orleans)

For the reasons stated herein, the judgment of the court of appeal is affirmed.
AFFIRMED.

 

2006-CC-0401 LONDON TOWNE CONDOMINIUM HOMEOWNER'S ASSOCIATION v. LONDON TOWNE COMPANY, ET AL. (Parish of Orleans)

For the reasons stated above, the judgment of the court of appeal is reversed and the trial court judgment is reinstated.
REVERSED.

 

BY KNOLL, J.:

2006-O -1242 IN RE: JUDGE WAYNE G. CRESAP

For the reasons assigned, it is ordered that Judge Wayne G. Cresap be suspended for 30 days without pay for violating Cannons 1, 2A, 2B, 3A(1), 3A(2), 3A(3), 3A(4), and 3A(6) of the Code of Judicial Conduct. It is further ordered that Judge Wayne G. Cresap reimburse the Judiciary Commission of Louisiana $570.60.

WEIMER, J., concurs in part and dissents in part and assigns reasons.

 

2005-C- 2274 DENHAM SPRINGS ECONOMIC DEVELOPMENT DISTRICT v. ALL TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF THE DENHAM SPRINGS ECONOMIC DEVELOPMENT DISTRICT, AND NONRESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND ALL OTHER PERSONS INTERESTED IN OR AFFECTED IN ANY WAY BY THE ISSUANCE OF NOT TO EXCEED $50,000,000 DENHAM SPRINGS ECONOMIC DEVELOPMENT DISTRICT SALES TAX INCREMENT BONDS (BASS PRO SHOPS PROJECT) IN ONE OR MORE SERIES, THE MEANS PROVIDED FOR THE PAYMENT AND SECURITY THEREOF AND RELATED MATTERS (Parish of Livingston)

For the foregoing reasons, we affirm the judgment of the court of appeal.
AFFIRMED.

 

BY WEIMER, J.:

2005-C -2364 DR. WILLIE JOHN JOSEPH, III, DR. MICHELLE T. BRUMFIELD, AND ST. MARY ANESTHESIA ASSOCIATES, INC. v. HOSPITAL SERVICE DISTRICT NO. 2 OF THE PARISH OF ST. MARY, STATE OF LOUISIANA, OUR LADY OF THE LAKE HOSPITAL, INC., MELVIN BOURGEOIS, M.D., JAMES BROUSSARD, JOHN GUARISCO, SHARON HOWELL, Y. GEORGE RAMIREZ, CLIFFORD M. BROUSSARD, NATIONAL UNION FIRE INSURANCE COMPANY OF LOUISIANA AND LOUISIANA HOSPITAL ASSOCIATION MALPRACTICE AND GENERAL LIABILITY TRUST (Parish of St. Mary)

For the forgoing reasons, the decision of the court of appeal is reversed and the judgment rendered by the district court granting defendants exceptions of no right of action is reinstated.
REVERSED. JUDGMENT GRANTING EXCEPTION REINSTATED.

Retired Judge Moon Landrieu, sitting ad hoc for Justice Chet D. Traylor, recused.

JOHNSON, J., concurs in result.

 

PER CURIAM:

2005-OB-1834 IN RE: CLAIRE RUSSELL DESLATTE

After reviewing the evidence and considering the law, we conclude petitioner, Claire Russell Deslatte, is eligible to be conditionally admitted to the practice of law in Louisiana, subject to a probationary period of two years. Should petitioner commit any misconduct during the period of probation, her conditional right to practice may be terminated or she may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement.
CONDITIONAL ADMISSION GRANTED.

JOHNSON, J., dissents and assigns reasons.

 

2005-C -2337 ROYCE MONK, ET AL. v. STATE OF LOUISIANA, DOTD C/W DANA VEZINAT, ET AL. v. STATE OF LOUISIANA, DOTD C/W MARLIN LASHLEY, ET AL. v. STATE OF LOUISIANA, DOTD C/W GREG HARMON, ET AL. v. STATE OF LOUISIANA, DOTD (Parish of Vernon)

Accordingly, we recall our order of March 24, 2006, as improvidently granted, and we deny the State’s application.

VICTORY, J., dissents and assigns reasons.
WEIMER, J., dissents and assigns reasons.

 

2005-C -2477 DELBERT W. BUSH, ET AL. v. NATIONAL HEALTH CARE OF LEESVILLE, ET AL. (Parish of Vernon)

For the reasons assigned, the judgment of the court of appeal is reversed. The exception of prescription filed by Dr. Lujan-Baez is sustained, and plaintiffs' suit against Dr. Lujan-Baez is hereby dismissed with prejudice. All costs in this court are assessed against plaintiffs.

JOHNSON, J., concurs.

 

2005-C -2496 CHARLES ALBERT AND DENISE ALBERT v. FARM BUREAU INSURANCE COMPANY, ET AL. (Parish of Lafayette)

For the reasons assigned, the judgment of the court of appeal is amended to provide that defendant, Sheriff Michael W. Neustrom, is entitled to a credit for past medical expenses in the amount of $48,763.32. In all other respects the judgment of the court of appeal is affirmed. All costs in this court are assessed against plaintiffs, Charles Albert and Denise Albert.

 

2006-C -0097 SYLVANUS GORDON REESE & LOLA REESE v. LIBERTY MUTUAL INSURANCE COMPANY (Parish of St. Tammany)

Accordingly, we recall our order of May 5, 2006 as improvidently granted, and we deny plaintiffs' writ application.

 

2006-B -0671 IN RE: JAMES A. NORRIS, JR.

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 the name of James A. Norris, Jr., Louisiana Bar Roll number 2206, be stricken from roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, § 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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 Robert J. Klees, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor, recused.

 

2006-B -0727 IN RE: MACK I. FRANK

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 the name of Mack I. Frank, Louisiana Bar Roll No. 9954, be stricken from the roll of attorneys and that his license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, § 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. Respondent is ordered to pay $2,500 in restitution to Mary Harrison. 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.

 

2006-B -0895 IN RE: WILLARD JAMES BROWN, SR.

For the reasons assigned, the deemed admitted order is vacated and the formal charges are remanded to the hearing committee for further proceedings.

 

 

 

 

 

 

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