July 3, 10, 11, and 12, 2002 - Actions - Louisiana Supreme Court

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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top"><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #055</div></td></tr><tr valign="top"><td valign="top">FROM: CLERK OF SUPREME COURT OF LOUISIANA</td><td valign="top">&nbsp;</td></tr></tbody></table>&nbsp;<div style="text-align:justify;">On the&nbsp;3rd day of July, 2002, the following action was taken by the Supreme Court of&nbsp; Louisiana in the case(s) listed below:APPLICATION(S) FOR PERMISSION TO TAKE THE BAR EXAM GRANTED WITH ORDER:2002-OB- 1805 IN RE: KELLE HINSON-LYLES KIMBALL, J., would deny. KNOLL, J., would deny. TRAYLOR, J., would deny.&nbsp; 2002-OB- 1814 IN RE: RAVEN MATTHEWS PILLETTE&nbsp; 2002-OB- 1821 IN RE: HECTOR R. LOPEZ&nbsp; 2002-OB- 1825 IN RE: GEORGE R. ADAMS, JR.&nbsp; STAY GRANTED:2002-KK- 1842 STATE OF LOUISIANA v. BARRY SMITH (Parish of Orleans)&nbsp; APPLICATION FOR ADMISSION TO THE BAR AND APPOINTMENT OF COMMISSIONER DISMISSED ON RELATOR'S MOTION; SEE ORDER:<a href="/opinions/2002/02ob1174.pc.pdf">2002-OB- 1174 IN RE: LEON A. MARYLAND</a> STAY DENIED; WRIT APPLICATION DENIED:2002-CC- 1733 PALACE PROPERTIES, L.L.C v. THE CITY OF HAMMOND (Parish of Livingston) WEIMER, J., recused.&nbsp; WRIT APPLICATION(S) DENIED:2002-KK- 1799 STATE OF LOUISIANA v. MATTHEW MORRELL (Parish of Orleans) VICTORY, J., would grant the writ. TRAYLOR, J., would grant the writ. WEIMER, J., would grant a stay and consider the merits of the application in due course, believing that the trial court made a credibility determination with respect to the officers' testimony that the defendant was speeding. The defendant's conduct in exceeding the speed limit justified the stop, and the ensuing seizure of the contraband was justified because the marijuana smell emanating from the vehicle justified the further search.&nbsp;&nbsp;On the&nbsp;8th day of July, 2002, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp;WRIT APPLICATION(S) GRANTED WITH ORDER:2002-CC- 1765 SHERRY WATTERS, FRANCES M. BREYNE, GINA RECASNER, ET AL. v. DEPARTMENT OF SOCIAL SERVICES, DEPARTMENT OF HEALTH AND HOSPITALS, DIVISION OF ADMINISTRATION, ET AL. (Parish of Orleans) WEIMER, J., would deny the writ.&nbsp;RECONSIDERATION(S) DENIED:2002-CC- 1239 NEWELL H. ANDRY, ET AL. v. MURPHY OIL U.S.A., INC. ET AL. (Parish of St. Bernard)&nbsp;&nbsp;On the&nbsp;9th day of July, 2002, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp;WRIT APPLICATION(S) GRANTED:2002-CJ- 1715 STATE IN THE INTEREST OF L.B. v. G.B.B. (Parish of Rapides) KNOLL, J., recused.&nbsp;APPLICATION(S) TRANSFERRED TO THE DISTRICT COURT:2002-KH- 1757 STATE OF LOUISIANA v. CHRISTOPHER R. KELLY (Parish of E. Baton Rouge)&nbsp; 2002-KH- 1758 STATE OF LOUISIANA v. CHRISTOPHER R. KELLY (Parish of E. Baton Rouge)&nbsp;2002-KH- 1759 STATE OF LOUISIANA v. TERRENCE M. WILLIAMS (Parish of E. Baton Rouge)&nbsp;APPLICATION FOR PERMISSION TO TAKE THE BAR EXAM GRANTED WITH ORDER:2002-OB- 1846 IN RE: KEVIN HAROLD JOHNSON&nbsp;INTERIM SUSPENSION ORDERED; SEE ORDER:<a href="/opinions/2002/02b1806.pc.pdf">2002-B - 1806 IN RE: BRODERICK C. DEJEAN&nbsp;</a>REHEARING DENIED:2002-OB- 1468 IN RE: RICHARD JOHN BOURKE CALOGERO, C.J., would grant rehearing.&nbsp;RECONSIDERATION(S) DENIED:2002-OB- 0325 IN RE: VERONIQUE MARTY, CELINE MOGUEN, AND YOUCEF EL MAOUHAB CALOGERO, C.J., would grant reconsideration.&nbsp;2002-OB- 0969 IN RE: NATHALIE ROYOT CALOGERO, C.J., would grant reconsideration.WRIT APPLICATION(S) DENIED:2002-KK- 1824 STATE OF LOUISIANA v. CARY HOGAN (Parish of Jefferson) CALOGERO, C.J., recused.WRIT DENIED; STAY DENIED:2002-CC- 1836 EDDIE BENOIT, JR., EDDIE BENOIT, SR. AND MARGE BENOIT v. DAVEY BICKFORD, SNC (Parish of Jefferson)&nbsp;&nbsp;On the&nbsp;10th day of July, 2002, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp;ALL PROCEEDINGS STAYED:2002-CC- 1883 KATHY BROWNE, ET AL. V. De GAULLE MANOR LTD., ET AL. (Parish of Orleans) Knoll, J., concurs in the result but would grant writ and remand to Court of Appeal. C.C.P. art. 2124 (C) requires the Court of Appeal to independently review the amount of security. Without an evaluation of factors such as the defendants' net worth, the Court of Appeal abused its discretion by not ascertaining whether the amount of security in this case precludes the defendants from their opportunity for a meaningful appeal. See Modjeski &amp; Masters v. Carter, 485 U.S. 1031 (1988). If the defendants' net worth were to prove less than the amount of security ordered by the trial court, their inability to post security would be tantamount to an arbitrary denial of their access to the courts, violating their right to due process. Therefore, I would immediately remand to the Court of Appeal for such determination.&nbsp;&nbsp;On the&nbsp;11th day of July, 2002, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp;STAY DENIED; WRIT DENIED:&nbsp;2002-KK- 1838 STATE OF LOUISIANA v. JOE D. PEREZ (Parish of Jefferson)&nbsp;&nbsp;On the&nbsp;12th day of July, 2002, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp;APPLICATION FOR PERMISSION TO TAKE THE BAR EXAM GRANTED WITH ORDER:2002-OB- 1888 IN RE: TEDRICK K. KNIGHTSHEAD TRAYLOR, J., would deny.WRIT APPLICATION(S) DENIED:2002-CC- 1845 GLORIA SCOTT, ET AL v. THE AMERICAN TOBACCO COMPANY, INC., ET AL. (Parish of Orleans)&nbsp;STAY DENIED; WRIT DENIED:2002-KK- 1898 STATE OF LOUISIANA v. KENNETH TRAHAN (Parish of Orleans) KNOLL, J., would grant the stay and the writ.&nbsp;RECONSIDERATION DENIED:2002-OB- 1602 IN RE: PETER C. PIRON CALOGERO, C.J., would grant the reconsideration.&nbsp;</div>
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