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 2007 News Releases

News Release #034

 

FOR IMMEDIATE NEWS RELEASE

NEWS RELEASE # 034

FROM: CLERK OF THE SUPREME COURT OF LOUISIANA

The Opinions handed down on the 22nd day of May, 2007, are as follows:

 

BY: KIMBALL, J.

 

1999-KA-0553 STATE OF LOUISIANA v. ANTOINETTE FRANK (Parish of Orleans)
(First Degree Murder)
Defendant’s conviction was previously affirmed. State v. Frank, 99-0553 (La. 1/17/01), 803 So.2d 1. For the reasons assigned herein, defendant’s sentence is affirmed. In the event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies her petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules for rehearing of denial of certiorari, or (b) that Court denies her petition for rehearing, the trial judge shall, upon receiving notice from this court under LSA-C.Cr.P. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by LSA-R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under LSA-R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts.

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

 

BY JOHNSON, J.:

 

2006-KK-1041 STATE OF LOUISIANA v. RICKY JOSEPH LANGLEY (Parish of Calcasieu)
Accordingly, the order of the court of appeal is reversed, the judgment of the district court limiting the prosecution of Ricky Joseph Langley to a charge of second degree murder in violation of LSA-R.S. 14:30.1 is reinstated, and this case is remanded for further proceedings consistent with the views expressed herein.
REVERSED, JUDGMENT OF TRIAL COURT REINSTATED AND REMANDED

KNOLL, J., dissents and assigns reasons.

 

2006-C -1827 SUPREME SERVICES AND SPECIALTY CO., INC. v. SONNY GREER, INC., ET AL. (Parish of Iberia)
Therefore, we conclude that the court of appeal erred in granting Greer's motion for summary judgment. We reverse the court of appeal's ruling and reinstate the trial court's ruling.
REVERSED and REMANDED.

KIMBALL, J., concurs in the result only.
KNOLL, J., concurs in the result only.

 

BY VICTORY, J.:

 

2005-KA-1981 STATE OF LOUISIANA v. PATRICK KENNEDY (Parish of Jefferson)
(Aggravated Rape; Victim Under the Age of 12))
For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. In this event this judgment becomes final on direct review when either: (1) the defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) the defendant, having filed for and been denied certiorari, fails to petition the United States Supreme Court timely, under its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from this Court under La.C.Cr.P.art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by La. R.S. 15:567(B), immediately notify the Louisiana Indigent Defense Assistance Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under La.R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts.
AFFIRMED.

CALOGERO, C.J., dissents and will assign reasons.

Retired Judge Lemmie O. Hightower, assigned as Justice ad hoc, sitting for Associate Justice Jeannette T. Knoll, recused.

 

BY TRAYLOR, J.:

 

2006-C -2764 FRANK HENRY AND MARY HENRY, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN v. SOUTH LOUISIANA SUGARS COOPERATIVE, INC. (Parish of St. James)
Accordingly, the judgment granting summary judgment on the issue of coverage is reversed.
REVERSED AND RENDERED.

 

2006-C -2816 C/W 2006-C -2843 EDNA J. HUGGINS v. GERRY LANE ENTERPRISES, INC. AND ABC INSURANCE COMPANY (Parish of E. Baton Rouge)
For the foregoing reasons, the decision of the court of appeal is affirmed.
AFFIRMED.

 

BY WEIMER, J.:

 

2007-CA-0054 HELEN C. SIMS v. MULHEARN FUNERAL HOME, INC., AND MULHEARN PROTECTIVE INSURANCE COMPANY (Parish of Ouachita)
Accordingly, for the reasons set forth above, we reverse the judgment of the district court and hereby grant summary judgment in favor of defendants.
REVERSED and RENDERED.

KIMBALL, J., concurs in part and dissents in part and assigns reasons.
JOHNSON, J., concurs in part and dissents in part for reasons assigned by Kimball, J.
KNOLL, J., dissents and assigns reasons.

 

2007-O -0120 IN RE: JUSTICE OF THE PEACE MYRTY ALFONSO
(Judiciary Commission of Louisiana)
For the reasons assigned, it is ordered that Justice of the Peace Myrty Alfonso be suspended for 30 days without pay for violating the Code of Judicial Conduct and Article V, §25(C) of the 1974 Louisiana Constitution in that she engaged in willful misconduct relating to her official duty. It is further ordered that Justice of the Peace Myrty Alfonso reimburse the Judicial Commission of Louisiana the sum of $178.41.

JOHNSON, J., dissents.
TRAYLOR, J., dissents.
WEIMER, J., additionally concurs with reasons.

 

PER CURIAM:

2005-C -2275 IN RE: MEDICAL REVIEW PANEL PROCEEDINGS IN THE MATTER OF STEPHANIE NOE (Parish of Orleans)
Accordingly, the judgment of the court of appeal is affirmed in part and reversed in part.
AFFIRMED IN PART AND REVERSED IN PART.

CALOGERO, C.J., dissents in part and concurs in part and assigns reasons.
KIMBALL, J., concurs in part and dissents in part and assigns reasons.
JOHNSON, J., dissents in part and concurs in part for reasons assigned by Calogero, C.J.
VICTORY, J., concurs in part and dissents in part and assigns reasons.
TRAYLOR, J., concurs in part and dissents in part for reasons assigned by Victory, J.
KNOLL, J., dissents in part and concurs in part for the reasons assigned by Chief Justice Calogero

 

 

 

 

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