July 6, 2000 - Opinions - Louisiana Supreme Court

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<table cellpadding="5" cellspacing="0" style="text-align:justify;" 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 #048</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;">The Opinions handed down on the&nbsp;6th day of July, 2000, are as follows:&nbsp; &nbsp;BY MARCUS, J.&nbsp;:<a href="/opinions/2000/00c0076.opn.pdf">2000-C- 0076 ABIGAIL FARBE v. CASUALTY RECIPROCAL EXCHANGE, ET AL</a> (Parish of Avoyelles) For the foregoing reasons, the judgment of the court of appeal is reversed insofar as it amended the judgment of the trial court to cast DOTD solidarily liable for 50% of plaintiff's recoverable damages. The judgment of the trial court finding DOTD liable for 20% of the damages is reinstated. In all other respects, the writ is recalled and denied. All costs on appeal and in this court are assessed against plaintiff.KNOLL, J., not on panel, recused. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2000/99ka0569.opn.pdf">1999-KA- 0569 STATE OF LOUISIANA v. DONALD TILLEY</a> (Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) defendant fails to petition timely the United States Supreme Court for certiorari; or (2) that Court denies his petition for certiorari; and either (a) 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. Code Crim. Proc. 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 defendant in any state postconviction proceedings, if appropriate, pursuant to its authority under La. Rev. Stat. 15:149.l; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp;<a href="/opinions/2000/99ka3511.opn.pdf">1999-KA- 3511 STATE OF LOUISIANA v. MICHAEL GRANIER</a> (Parish of Jefferson) (Carnal Knowledge of a Juvenile) For the reasons stated, the trial court's decision, declaring subsection B of La. R.S. 14:80 unconstitutional, is reversed. The defendant's motion to quash is denied and the case is remanded to the trial court for further proceedings. REVERSED AND REMANDED.KIMBALL, J., not on panel. Rule IV, Part 2, &sect;3.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2000/99ka0606.rev.opn.pdf">1999-KA- 0606 STATE OF LOUISIANA v. MITCHELL SMITH</a> (Parish of Orleans) CONSOLIDATED WITH: 1999-KA- 2015 STATE OF LOUISIANA v. LISA M. GARRETT (Parish of Orleans) 1999-KA- 2019 STATE OF LOUISIANA v. MELANIE VARNADO (Parish of Orleans) 1999-KA- 2094 STATE OF LOUISIANA v. KELLY A. BARON (Parish of Orleans) (Crime Against Nature) The Fourth Circuit Court of Appeal opinion reversing the conviction of Mitchell Smith is hereby vacated in its entirety. The conviction and sentence of Mitchell Smith ordered by the trial court are hereby reinstated. All of the judgments maintaining Motions to Quash in the consolidated cases are hereby vacated as violative of Baxley, which remains the controlling law in the Louisiana jurisprudence. The consolidated cases are remanded to the district court for further proceedings according to law and consistent with the views expressed herein. If a defendant seeks to quash the bill of information on other constitutional grounds, in order to avoid further piecemeal litigation, the trial judges are instructed to rule on all constitutional claims before the courts at that time.KNOLL, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99ka0606.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2000/99ka0606.htl.pdf">LEMMON, J., concurs in part and dissents in part, and assigns reasons. </a><a href="/opinions/2000/99ka0606.bjj.pdf">JOHNSON, J., concurs and assigns reasons.</a>&nbsp;<a href="/opinions/2000/00kk0015.opn.pdf">2000-KK- 0015 STATE OF LOUISIANA v. LEON JACKSON</a> (Parish of Orleans) (Possession of a Controlled Dangerous Substance) Accordingly, we vacate the Fourth Circuit Court of Appeal and the trial court granting defendant's motion to suppress. The case is remanded to the trial court for further proceedings consistent with this opinion. VACATED AND REMANDED.KIMBALL, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/00kk0015.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. </a>JOHNSON, J., concurs in the remand to allow the state to establish a neutral criteria.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/99c3247.pc.pdf">1999-C- 3247 DIANA N. DEVILLE v. CITY OF VILLE PLATTE, AND STATE OF LOUISIANA THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT C/W SCOTT A. MANUEL, ET UX v. DIANA N. DEVILLE, ET AL.</a> (Parish of Evangeline) Upon DOTD'S application, we granted certiorari in this case. Deville v. City of Ville Platte c/w Manuel v. Deville, 99-3247 (La. 2/11/00), 754 So.2d 921. After hearing oral argument and reviewing the record in this case, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of February 11, 2000, as improvidently granted, and deny DOTD's application.JOHNSON, J., not on panel. Rule IV, Part 2, &sect;3. <a href="/opinions/2000/99c3247.htl.pdf">LEMMON, J., dissents and assigns reasons&nbsp;</a>. VICTORY, J., dissents from the recall.&nbsp;&nbsp;</div>
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