Louisiana Supreme Court - 400 Royal St., New Orleans, LA 70130 | Tel: 504-310-2300 Hon. Bernette J. Johnson. Chief Justice.  John Tarlton Olivier., Clerk of Court.  Sandra A. Vujnovich. Judicial Administrator
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 2010 News Releases

News Release #034

 

FOR IMMEDIATE NEWS RELEASE
NEWS RELEASE #34
   
FROM: CLERK OF SUPREME COURT OF LOUISIANA  

 

The Opinions handed down on the 11th day of May, 2010, are as follows:

 

BY KNOLL, J.:

2009-C -1916 HARRAH'S BOSSIER CITY INVESTMENT COMPANY, L.L.C. v. CYNTHIA BRIDGES, IN HER CAPACITY AS THE SECRETARY OF THE DEPARTMENT OF REVENUE, AND THE LOUISIANA DEPARTMENT OF REVENUE C/W CYNTHIA BRIDGES, SECRETARY OF THE DEPARTMENT OF REVENUE FOR THE STATE OF LOUISIANA v. WILHITE ELECTRIC COMPANY, INC. (Parish of E. Baton Rouge)

Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

For the foregoing reasons, the court of appeal’s grant of partial summary judgment in favor of Harrah’s is affirmed in part and reversed in part. The case is remanded to the district court for further proceedings consistent with this opinion.
AFFIRMED IN PART AND REVERSED IN PART AND REMANDED TO DISTRICT COURT.

 

 

BY WEIMER, J.:

2009-C -2116 DOUGLAS A. TIETJEN, DWIGHT A. TIETJEN AND CITIZENS NATIONAL BANK v. THE CITY OF SHREVEPORT AND CLAUDE DANCE (Parish of Caddo)

Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

For the foregoing reasons, the decision of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED AND RENDERED.


 

 

BY GUIDRY, J.:

2009-KK-2456 STATE OF LOUISIANA v. BRUCE BROWN, ET AL. (Parish of Orleans)

Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

For the reasons stated herein, we set aside the ruling of the court of appeal, reinstate the district court ruling denying the defendant's motion to suppress, and remand the case to the district court for further proceedings.
COURT OF APPEAL RULING SET ASIDE; DISTRICT COURT RULING REINSTATED; CASE REMANDED TO THE DISTRICT COURT.

JOHNSON, J., dissents and assigns reasons.

 

 

BY VICTORY, J.:

2006-KA-1807 STATE OF LOUISIANA v. JESSE JAY MONTEJO (Parish of St. Tammany)

Retired Judge Phillip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine Kimball.

For the reasons assigned herein, and having once affirmed the defendant’s conviction and death sentence, this Court, after remand from the United States Supreme Court, again affirms the defendant's conviction and death sentence. 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 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 their prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial judge 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 original application, if filed in the state courts.
AFFIRMED.

 

 

BY CIACCIO, J.:

2001-KA-1635 STATE OF LOUISIANA v. JAMES DUNN (Parish of Assumption)

Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

For the reasons assigned herein, and having already affirmed his conviction, this court finds defendant not mentally retarded and affirms his sentence. 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 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 their prevailing rules, for rehearing of denial of certiorari, or (b) that Court denies his petition for rehearing, the trial judge 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 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 original application, if filed, in the state courts.
AFFIRMED.

KNOLL, J., additionally concurs with reasons.

 

2009-KK-2205 STATE OF LOUISIANA v. RICHARD HAMILTON (Parish of Orleans)

Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

For the above reasons, we find the trial court erred in granting the defendant’s Motion to Suppress the heroin and the statements made after the arrest. The ruling of the trial court is hereby reversed.
REVERSED.

JOHNSON, J., dissents and assigns reasons.

 


PER CURIAM:

2009-K -0578 STATE OF LOUISIANA v. DAVID GILBERT ARDOIN (Parish of Terrebonne)

Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.

Accordingly, we vacate the decision below. Defendant urges this Court to conduct an independent review of the record to resolve (in his favor) the question of whether the state proved that M.C. is, in fact, the biological daughter of Edward Flynn, who did not testify at trial. However, the court of appeal did not address this aspect of his argument and the issue is therefore not properly before us at this time. Therefore, we remand this case to the court of appeal for reconsideration of defendant's sufficiency claim consistent with the views express herein.
COURT OF APPEAL DECISION REVERSED; CASE REMANDED.

 

2009-B -2343 IN RE: ARDEN WELLS

Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief 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 Arden Wells, Louisiana Bar Roll number 17900, be and he hereby is disbarred, retroactive to November 7, 2007, the date of his interim suspension. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. It is further ordered that respondent shall pay restitution of $4,000 to Timothy Polezcek. 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.

 

 

 

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