|FOR IMMEDIATE NEWS RELEASE
|FROM: CLERK OF SUPREME COURT OF LOUISIANA
The Opinions handed down on the 7th day of September, 2016, are as follows:
BY KNOLL, J.:
2014-KA-1980 STATE OF LOUISIANA v. MARCUS DONTE REED (Parish of Caddo)
Retired Judge Michael Kirby sitting ad hoc for Crichton, J., recused.
For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. 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 .Rev. Stat. 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. Rev. Stat. 15:178; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts.
HUGHES, J., concurs with the result.
BY HUGHES, J.:
2015-C -0588 DANIEL ARCENEAUX, LOUIS DAVEREDE, JR., VIVES LEMMON AND JULES MENESSES, ET AL. v. AMSTAR CORP., AMSTAR SUGAR CORP., TATE AND LYLE NORTH AMERICAN SUGARS, INC., AND DOMINO SUGAR COMPANY, ET AL. (Parish of St. Bernard)
We reverse the trial court's grant of the partial summary judgment that ordered Continental Casualty Company to pay for American Sugar's complete defense going forward in the Barbe and Waguespack cases. We conclude that Continental is liable for its pro rata share of defense costs based on its policy periods, noting its contention that its pro rata share should be calculated at 3.74% of the total in Barbe and 3.29% in Waguespack, and remand to the trial court for further proceedings consistent with the foregoing. REVERSED AND REMANDED.
KNOLL, J., concurs and assigns reasons.
CRICHTON, J., additionally concurs and assigns reasons.