July 15, 16, 17, 18, 19, 23, 24, and 25, 2002 - Actions

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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 #056</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;15th day of July, 2002, the following action was taken by the Supreme Court of&nbsp; Louisiana in the case(s) listed below:&nbsp;APPLICATION FOR PERMISSION TO TAKE THE BAR EXAM DENIED:2002-OB- 1904 IN RE: ROBYN MARY ROGERS&nbsp;&nbsp;On the&nbsp;16th 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-KK- 1963 STATE OF LOUISIANA v. BRIAN R. ATKINS (Parish of Orleans) CALOGERO, C.J., would deny the writ. JOHNSON, J., would deny the writ.&nbsp;TRANSFERRED TO DISABILITY INACTIVE STATUS:&nbsp;<a href="/opinions/2002/02ob1872.pc.pdf">2002-OB- 1872 IN RE: JOHN J. PACE</a> See Order.&nbsp;STAY RECALLED; WRIT APPLICATION DENIED:2002-CC- 1883 KATHY BROWNE, ET AL. v. DEGAULLE MANOR, LTD., ET AL. (Parish of Orleans) KNOLL, J., dissents with reasons. I would grant the writ and remand this matter to the court of appeal. LSA-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 remand this matter to the court of appeal for such determination.&nbsp;WRIT APPLICATION(S) DENIED:2002-KK- 1849 STATE OF LOUISIANA v. JOSEPH GLENN, IV (Parish of Jefferson) CALOGERO, C.J., recused.&nbsp;&nbsp;On the&nbsp;17th day of July, 2002, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp;APPLICATION(S) FOR PERMISSION TO TAKE THE BAR EXAMINATION DENIED:2002-OB- 1763 IN RE: RAPHAELE R. FAVRE SCHNYDER CALOGERO, C.J., would grant the petition. <a href="/opinions/2002/02ob1763.jtk.pdf">KNOLL, J., would grant the petition and assigns reasons. </a><a href="/opinions/2002/02ob1763.jlw.pdf">WEIMER, J., would grant the petition and assigns reasons.</a><a href="/opinions/2002/02ob1923.pc.pdf">2002-OB- 1923 IN RE: RAYMOND JOHNSON </a>See Per Curiam. JOHNSON, J., would allow the applicant to take the bar exam and appoint a commissioner if he passes.&nbsp;ALL PROCEEDINGS STAYED:2002-KP- 1427 STATE OF LOUISIANA v. GREGORY BRIGHT (Parish of Orleans)&nbsp;2002-KP- 1441 STATE OF LOUISIANA v. GREGORY BRIGHT (Parish of Orleans)&nbsp;&nbsp;On the&nbsp;18th 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- 1969 IN RE: KELLY N. CALDWELL TRAYLOR, J., would deny the application.&nbsp;WRIT APPLICATION(S) DENIED:2002-KK- 1967 STATE OF LOUISIANA v. COREY MILLER (Parish of Jefferson)&nbsp;&nbsp;On the&nbsp;19th day of July, 2002, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp;TRANSFERRED TO DISABILITY INACTIVE STATUE:<a href="/opinions/2002/02ob1976.pc.pdf">2002-OB- 1976 IN RE: JOHN V. BAUS, JR. </a>See Order.&nbsp;RECONSIDERATION(S) DENIED:&nbsp;2002-OB- 1923 IN RE: RAYMOND JOHNSON JOHNSON, J., would grant a reconsideration.&nbsp;&nbsp;On the&nbsp;23th 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) DENIED:2002-CC- 1959 LILLIAN LEVEE LAMBERT v. BANK ONE TRUST, NA&nbsp;2002-KK- 2048 STATE OF LOUISIANA v. ERIC AND JERMAINE NETTLES (Parish of Orleans) KNOLL, J., would grant the writ and stay the proceedings. Before making a final determination on the admissibility or inadmissibility of the document the state seeks to admit into evidence, I would stay the proceedings and order the state to supplement its writ application with the trial court's reasons.&nbsp;&nbsp;On the&nbsp;24th day of July, 2002, the following action was taken by the Supreme Court of Louisiana in the case(s) listed below:&nbsp;STAY GRANTED:2002-CC- 2060 GLEN M. RICHARD, ET AL. v. PATRIOT BUILDING CORP., ET AL. (Parish of Vermilion) CALOGERO, C.J., recused.&nbsp;&nbsp;On the&nbsp;25th 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- 1964 BEN R. MILLER, JR., AND JOHN G. DAVIES, TESTAMENTARY CO-EXECUTORS OF THE SUCCESSION OF WILBUR MARVIN v. ANNE MARVIN SWANSON (Parish of E. Baton Rouge) JOHNSON, J., would deny the writ.&nbsp;2002-KK- 2070 STATE OF LOUISIANA v. JOANN LAVIGNE (Parish of Orleans) CALOGERO, C.J., would grant and docket; otherwise deny.&nbsp;WRIT APPLICATION(S) DENIED:2002-CC- 2026 LANECO CONSTRUCTION SYSTEMS, INC. v. C.F. JORDAN, ARGOSY GAMING CO., JAZZ ENTERPRISES, INC., ARGOSY OF LOUISIANA INC., AND CENTROPLEX CENTRE CONVENTION HOTEL (Parish of E. Baton Rouge)&nbsp;MOTION TO HAVE SUSPENSION DEFERRED DENIED:2002-OB- 2027 IN RE LARRY E. BROOME&nbsp;&nbsp;&nbsp;</div>
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