November 28, 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 #085</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;28th day of November, 2000, are as follows:&nbsp; &nbsp;BY LEMMON, J.&nbsp;:<a href="/opinions/2000/00cc0424.opn.pdf">2000-CC- 0424 DAVID BENOIT v. ALLSTATE INSURANCE COMPANY</a> (Parish of Jefferson) For the foregoing reasons, the judgment of the court of appeal is affirmed.&nbsp;<a href="/opinions/2000/00cc1123.opn.pdf">2000-CC- 1123 JIM M. MCCARROLL v. AIRPORT SHUTTLE, INC.</a> (Office Of Workers' Comp. Dist. 8) The judgment of the workers' compensation judge denying the attorney's motion for additional attorney fees is affirmed.VICTORY, J., concurs in the result. <a href="/opinions/2000/00cc1123.jtk.pdf">KNOLL, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2000/00c0445.opn.pdf">2000-C- 0445 MARY DAVIS v. WAL-MART STORES, INC.</a> (Parish of Jefferson) After a thorough review of the record, we do not find that the evidence so strongly and overwhelmingly pointed to only one verdict, or that the jury verdict was so unreasonable that reasonable men could have only reached one conclusion. It is not the role of the trial judge to substitute his/her evaluation of the evidence for that of the jury. In light of these findings, we hereby reinstate the jury's verdict, finding no liability on the part of defendant, Wal-Mart Stores, Inc. REVERSED.<a href="/opinions/2000/00c0445.htl.pdf">LEMMON, J., concurs&nbsp;and assigns reasons.</a>&nbsp; &nbsp;&nbsp;BY VICTORY, J.&nbsp;:<a href="/opinions/2000/97ka2020.opn.pdf">1997-KA- 2020 STATE OF LOUISIANA v. FRANK FORD COSEY</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 Surpeme 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. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;<a href="/opinions/2000/00b0634.opn.pdf">2000-B- 0634 IN RE: LOUIS THAD TOUPS</a> (Disciplinary Proceedings) Upon review of the record, briefs, and oral argument, it is ordered that Louis "Thad" Toups be publicly reprimanded and suspended from the practice of law in Louisiana for a period of six months, fully deferred, with a probationary period of two years. All costs and expenses in this matter are assessed against respondent in accordance with Supreme Court Rule XIX, &sect;10.1, with legal interest to commence thirty days from the date of finality of this Court's judgment until paid.LEMMON, J., dissents and will assign reasons.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2000/00cc0790.opn.pdf">2000-CC- 0790 EVELYN JENKINS, ET AL v. MANGANO CORPORATION, ET AL</a> (Parish of Jefferson) For the reasons assigned, the judgment of the court of appeal is affirmed. All costs are assessed against plaintiff.LEMMON, J., concurs and will assign reasons. <a href="/opinions/2000/00cc0790.bjj.pdf">JOHNSON, J., dissents&nbsp;and assigns reasons.</a> KNOLL, J., concurs in result.&nbsp;<a href="/opinions/2000/00cj2375.opn.pdf">2000-CJ-2375 C/W 2000-CJ-2504 STATE OF LOUISIANA IN THE INTEREST OF C.J.K. AND K.K.</a> (Parish of Calcasieu) Accordingly, we vacate the Third Circuit Court of Appeal judgment reversing the termination of J.K.'s parental rights and awarding costs of the appeal against the State. The case is remanded to the trial court for further expedited proceedings consistent with this opinion. VACATED AND REMANDED WITH INSTRUCTIONS FOR EXPEDITED TREATMENT.&nbsp; &nbsp;&nbsp;BY KNOLL, J.&nbsp;:<a href="/opinions/2000/00c0798.opn.pdf">2000-C- 0798 ABL MANAGEMENT, INC. AND D'WILEY'S SERVICES, INC. v. BOARD OF SUPERVISORS OF SOUTHERN UNIVERSITY AND AGRICULTURAL AND MECHANICAL COLLEGE</a> (Parish of E. Baton Rouge) For the foregoing reasons, the judgment of the appellate court is reversed and set aside. The judgment of the district court is reinstated. REVERSED.&nbsp;<a href="/opinions/2000/00ka0923.jtk.opn.pdf">2000-KA- 0923 STATE OF LOUISIANA v. ALISTER W. BRAZLEY</a> (Parish of Orleans) (Possession With Intent to Distribute a Controlled Dangerous Substance) For the foregoing reasons, we affirm, in part, the judgment of the lower court declaring Articles 340(E) and the sentence of 342 that mandates a contradictory hearing of the Louisiana Code of Criminal Procedure unconstitutional local laws.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2000/00b1966.pc.pdf">2000-B- 1966 IN RE: JOHN BURT KLEINPETER</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that John Burt Kleinpeter be suspended from the practice of law in Louisiana for a period of thirty-six months. All costs and expenses in this matter are assessed against respondent in accorance with Supreme Court Rule XIX, &sect;10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.<a href="/opinions/2000/00b1966.htl.pdf">LEMMON, J., concurs in part and dissents in part, and assigns reasons.</a> KIMBALL, J., dissents and would impose a greater penalty. TRAYLOR, J., dissents and would impose greater penalties.&nbsp;&nbsp;</div>
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