FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE # 076
FROM: CLERK OF THE SUPREME COURT OF LOUISIANA
The Opinions handed down on the 27th day of November, 2007, are as follows:
BY TRAYLOR, J.:
2007-O -1425 IN RE: JUSTICE OF THE PEACE VERONICA FRANKLIN JUSTICE OF THE PEACE COURT, WARD 2 PARISH OF ST HELENA STATE OF LOUISIANA
(Judiciary Commission of Louisiana)
Accordingly, it is ordered, adjudged, and decreed that the respondent, Justice of the Peace Veronica Franklin, Ward 2, Parish of St. Helena, State of Louisiana, be, and is hereby, removed from office, and that her office be, and is hereby, declared to be vacant. Furthermore, the respondent is ordered pursuant to La. Sup. Ct. Rule 23, § 26 to refrainfrom qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup. Ct. Rule 23, § 22, we cast the respondent with $352.16 for the costs incurred in the investigation and prosecution of this case.
REMOVAL FROM JUDICIAL OFFICE ORDERED.
BY KNOLL, J.:
2007-C -0419 MINOS BOREL, SR., ET AL. vs. DR. CLINTON YOUNG AND LOUISIANA MEDICAL MUTUAL INSURANCE COMPANY (Parish of Lafayette)
For the foregoing reasons, the result reached by the court of appeal is affirmed, defendant’s peremptory exception is sustained, and plaintiff’s action against Dr. Young and LAMMICO is dismissed with prejudice as extinguished by peremption.
CALOGERO, C.J., dissents and assigns reasons.
JOHNSON, J., dissents for reasons assigned by Calogero, C.J.
BY WEIMER, J.:
2006-KO-2467 STATE OF LOUISIANA v. SHON P. SHAW (Parish of Caddo)
(Attempted Manslaughter; Second Degree Kidnapping, 2 Counts; Aggravated Criminal Damage to Property, 2 Counts; Habitual Offender Law)
After examining the language of LSA-R.S. 15:529.1 and reviewing the jurisprudence interpreting same, we find that the lower courts correctly concluded that all multiple sentences imposed after a single criminal act or episode can be enhanced under the Habitual Offender Law. To the extent that the opinion of this court in State v. Sherer, supra, and State ex rel. Porter v. Butler, supra, are inconsistent with this conclusion, they are expressly overruled. Finding no merit in the only other assignment of error raised by defendant, the alleged abridgement of his right to testify in his own defense, we affirm the defendant's conviction, the adjudication as a third felony offender, and the sentences.
CALOGERO, C.J., concurs and assigns reasons.
JOHNSON, J., dissents.
2007-B -1353 IN RE: WALTER J. LEBLANC
Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Walter J. LeBlanc, Jr., Louisiana Bar Roll number 1800, be and he hereby is suspended from the practice of law for a period of one year and one day. 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.
CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.
WEIMER, J., concurs in part, dissents in part and assigns reasons.