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FOR IMMEDIATE NEWS
RELEASE
NEWS RELEASE # 009
FROM: CLERK OF THE SUPREME COURT OF LOUISIANA
The Opinions handed down on the 22nd day of February,
2006, are as follows:
BY VICTORY, J.:
2005-C -0131
LOUISIANA ASSOCIATED GENERAL
CONTRACTORS, INC. v. LOUISIANA DEPARTMENTOF AGRICULTURE AND
FORESTRY, LOUISIANA AGRICULTURAL FINANCE AUTHORITY, AND BOB
ODOM, COMMISSIONER (Parish of E. Baton Rouge)
For the reasons stated herein, the judgments of the lower
courts are affirmed.
AFFIRMED.
JOHNSON, J., concurs.
2005-C -0489
HAMP'S CONSTRUCTION, L.L.C.
v. THE CITY OF NEW ORLEANS (Parish of Orleans)
Judge Fred Sexton, sitting ad hoc for Johnson, J., recused.
For the reasons stated herein, the judgment of the court of
appeal is affirmed.
AFFIRMED.
KNOLL, J., additionally concurs with reasons.
2005-C -0756
DELTON COUTEE v. GLOBAL MARINE
DRILLING COMPANY (Parish of Lafayette)
For the reasons stated herein, the judgment of the court of
appeal is reversed and the judgment of the trial court is
reinstated.
REVERSED.
BY TRAYLOR, J.:
2005-K -0226
STATE OF LOUISIANA v. DANIEL
J. JONES (Parish of St. Tammany)
(Operating a Vehicle While Intoxicated, Fourth Offense)
Case remanded to the Court of Appeal, First Circuit, for the
reasons assigned in this opinion.
CASE REMANDED TO COURT OF APPEAL
WEIMER, J., concurs and assigns reasons.
2005-C -0973
MARLEEN G. SIVERD, WIFE OF/AND
KEITH C. SIVERD v. PERMANENT GENERAL INSURANCE COMPANY, THE
ESTATE OF JUSTIN W. FAUST, BOH BROTHERS CONSTRUCTION CO.,
L.L.C., HOWARD BRADLEY, FIW DEMOLITION COMPANY, AND ILLINOIS
INSURANCE EXCHANGE (Parish of St. Bernard)
For the foregoing reasons, we reverse the ruling of the court
of appeal and reinstate the judgment of the trial court.
REVERSED AND REMANDED
BY KNOLL, J.:
2005-C -0846
MICHAEL D. HAMILTON v. ROYAL
INTERNATIONAL PETROLEUM CORPORATION AND ELMER B. LITCHFIELD,
SHERIFF AND TAX COLLECTOR OF THE CITY OF BATON ROUGE (Parish
of E. Baton Rouge)
For the foregoing reasons, the judgment of the court of appeal
is reversed and set aside. The district court judgment dismissing
the suit, with prejudice, is reinstated.
REVERSED.
Retired Judge Robert Klees assigned as Associate Justice ad
hoc, sitting for Associate Justice Chet D. Traylor, recused.
KNOLL, J., additionally concurs with reasons.
JOHNSON, J., dissents.
BY WEIMER, J.:
2005-CA-0765
JERRY AND JANNIE BEAUCLAIRE
v. MARJORIES GREENHOUSE, ET AL. (Parish of Avoyelles)
For the foregoing reasons, we hold LSA-R.S. 13:5105(D) is
constitutional. The judgment of the trial court is reversed
and the matter is remanded to district court for further proceedings
consistent with this opinion.
REVERSED.
PER CURIAM:
2004-OB-0916
IN RE: ROBERT B. SCHYBERG,
JR.
COMMITTEE ON BAR ADMISSIONS
Accordingly, it is ordered that the application for admission
be and hereby is denied.
2004-OB-1079
IN RE: KOBY DEAN BOYETT
COMMITTEE ON BAR ADMISSIONS
Retired Judge Moon Landrieu, assigned as Justice ad hoc, sitting
for Associate Justice Catherine D. Kimball; Retired Judge
Philip C. Ciaccio, assigned as Justice ad hoc, sitting for
Associate Justice Jeannette Theriot Knoll, recused
Accordingly, it is ordered that the application for admission
be and hereby is granted.
CALOGERO, C.J., dissents.
VICTORY, J., dissents and assigns reasons.
WEIMER, J., dissents and assigns reasons.
2004-OB-2433
IN RE: MARCUS ANTHONY BRYANT
(Committee on Bar Admissions)
Retired Judge Philip C. Ciaccio, assigned as Justice pro tempore,
sitting for Associate Justice Catherine D. Kimball.
Accordingly, it is ordered that the application for admission
be and hereby is granted.
VICTORY, J., dissents and assigns reasons.
WEIMER, J., concurs with reasons in part and dissents with
reasons in part.
2004-OB-2494
IN RE: SEAN O. LAUGHLIN
(Committee on Bar Admissions)
Accordingly, it is ordered that the application for admission
be and hereby is denied.
2004-OB-2518
IN RE: FRANK J. VENDT, JR.
(Committee on Bar Admissions)
Accordingly, it is ordered that the application for admission
be and hereby is denied.
2005-K -0477
STATE OF LOUISIANA v. RICHARD
THOMAS PIGFORD (Parish of Caddo)
(Possession of Marijuana With Intent to Distribute)
Accordingly, the decision below is vacated, defendant’s
conviction and sentence are reinstated, and this case is remanded
to the court of appeal for consideration of the remaining
counseled and pro se assignments of error pretermitted on
original hearing.
OPINION OF THE COURT OF APPEAL VACATED; CONVICTION AND SENTENCE
REINSTATED; CASE REMANDED TO COURT OF APPEAL.
2005-B -1082
IN RE: JAMES K. GAUDET
(Disciplinary Proceedings)
Retired Judge Philip C. Ciaccio, assigned as Justice pro tempore,
sitting for Associate Justice Catherine D. Kimball.
Upon review of the findings and recommendations of the hearing
committees and the disciplinary board and considering the
record, briefs, and oral argument, it is ordered that James
K. Gaudet, Louisiana Bar Roll number 5970, be suspended from
the practice of law for six months. Three months of this suspension
shall be deferred. Following the completion of the active
portion of his suspension, respondent shall be placed on unsupervised
probation for a period of six months, during which time he
must successfully complete the Louisiana State Bar Association's
Ethics School program. Any failure of respondent to comply
with this condition, or any misconduct during the probationary
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 assigns reasons.
WEIMER, J., concurs in part and dissents in part and assigns
reasons.
2005-B-1217
IN RE: CHARLES E. CABIBI, JR.
(Disciplinary Proceedings)
Upon review of the findings and recommendation of the hearing
committeeand the disciplinary board, and considering the record,
briefs, and oral argument, it is ordered that the formal charges
against respondent be and hereby are dismissed.
CALOGERO, C.J., concurs.
JOHNSON, J., dissents.
KNOLL, J., concurs in result.
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