January 17, 2001 - Opinions - 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 #005</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;17th day of January, 2001, are as follows:&nbsp;&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2001/00c0926.opn.pdf">2000-C- 0926 GAYLE LOUISE SCHULTZ F/K/A GAYLE LOUISE DOYLE v. WAVY H. DOYLE AND ERA L. DOYLE&nbsp;</a>(Parish of Rapides) The judgment of the court of appeal is reversed. Plaintiff's Texas judgment against the Defendants, Wavy and Era Doyle, is entitled to Full Faith and Credit in this state. The case is remanded to the district court with instructions to order the Texas judgment made executory under the Uniform Enforcement of Foreign Judgments Act, La. Rev. Stat. 13:4241 et seq. JUDGMENT OF COURT OF APPEAL REVERSED; REMANDED TO DISTRICT COURT.<a href="/opinions/2001/00c0926.htl.pdf">LEMMON, J., concurs and assigns reasons.</a>&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2001/99ka0553.opn.pdf">1999-KA- 0553 STATE OF LOUISIANA v. ANTOINETTE FRANK</a> (Parish of Orleans) (First Degree Murder) The defendant's conviction is affirmed. However, the case is remanded to the trial court in order for it to hold an evidentiary hearing as to whether the defendant was entitled under Touchet to state-funded expert assistance for the sentencing phase of her trial. If the court determines she was so entitled, it is to vacate the defendant's sentence and order a new penalty phase at which the defendant will have the benefit of that expert assistance. If the trial court finds that the defendant can not make the proper showing of need for state funds, the defendant may appeal that decision to this court along with the other assignments of error regarding the penalty phase of her trial.&nbsp;<a href="/opinions/2001/99k3518.opn.pdf">1999-K- 3518 STATE OF LOUISIANA v. EDDIE GIVENS</a> (Parish of Orleans) (Aggravated Rape - 2 Counts; Aggravated Burglary, Armed Robbery, Simple Burglary and Attempted Simple Burglary) Therefore, the defendant's conviction and sentence are affirmed in part, and the case is remanded in part for further proceedings on the defendant's claims under J.E.B.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2001/99c3097.opn.pdf">1999-C- 3097 JUNE COLEMAN WIFE OF LESLIE LEON ROBINSON, JR. v. LESLIE LEON ROBINSON, JR&nbsp;</a>. (Parish of Orleans) For the foregoing reasons, we reverse the decision of the court of appeal in part and affirm the decision in part. We remand to the trial court to determine the value of Ms. Coleman's interest in the pension plan. The parties are to bear their own costs.MARCUS, J., (now retired), not on panel. See Rule IV, Part 2, &sect;3.<a href="/opinions/2001/99c3097.jpv.pdf">VICTORY, J., dissents and assigns reasons.</a> TRAYLOR, J., dissents for reasons assigned by Victory, J. <a href="/opinions/2001/99c3097.jtk.pdf">KNOLL, J., dissents in part and assigns reasons</a>.&nbsp;&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2001/99ka1311.opn.pdf">1999-KA- 1311 STATE OF LOUISIANA v. EMMETT D. TAYLOR</a> (Parish of Jefferson) (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) 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 judge shall, upon receiving notice from this court under La. Code Crim. Proc. art. 923 of finality on direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567B, 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. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.Walter F. Marcus, Jr., Associate Justice, ad hoc, sitting for Justice Jeanette T. Knoll, recused.<a href="/opinions/2001/99ka1311.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00kk0566.opn.pdf">2000-KK- 0566 C/W 2000-KK- 0677 STATE OF LOUISIANA v. LESTER GOMEZ</a> (Parish of Jefferson) (Aggravated Rape) For the reasons assigned, the judgment of the trial court allowing the testimony of the victims' mothers is hereby reversed. The judgment of the trial court prohibiting testimony from the mental professionals is affirmed. This case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED IN PART; AFFIRMED IN PART.<a href="/opinions/2001/00kk0566.jpv.pdf">VICTORY, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00cj2703.opn.pdf">2000-CJ- 2703 STATE OF LOUISIANA IN THE INTEREST OF THE MINOR CHILDREN, C.P., K.P.P. AND K.M.P.</a> (Parish of St. Bernard) K.P.'s failure to timely file the Motion for Appeal removed jurisdiction from the Fourth Circuit to consider her appeal. The appeal thus should have been dismissed. The opinion of the Fourth Circuit is hereby vacated in its entirety as being improvidently granted. The trial court judgment, which has become res judicata as a result of no timely appeal being filed, is hereby reinstated. The case is remanded to the trial court for further proceedings consistent with this opinion. VACATED AND REMANDED.&nbsp;&nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2001/00c0943.pc.pdf">2000-C- 0943 J. E. MERIT CONSTRUCTORS, INC. v. ZENO HICKMAN C/W ZENO HICKMAN v. J. E. MERIT CONSTRUCTORS, INC&nbsp;</a>. (Office Of Workers Compensation District 2) For the reasons assigned, the judgment of the court of appeal is reversed insofar as it awarded an additional $7,500 in attorney's fees against J. E. Merit Constructors, Inc. for arbitrary and capricious acts beyond those found by the workers' compensation judge.<a href="/opinions/2001/00c0943.jtk.pdf">KNOLL, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00c1335.pc.pdf">2000-C- 1335 LARRY J. CARRIER AND PATSY C. CARRIER v. GREY WOLF DRILLING COMPANY, ET AL&nbsp;</a>. (Parish of Acadia) For the reasons assigned, the judgment of the court of appeal is reversed. The district court's judgment granting summary judgment in favor of Grey Wolf Drilling Company, Byron Beard, and Old Republic Insurance Company and dismissing plaintiffs' suit with prejudice is reinstated. All costs in this court are assessed against plaintiffs.<a href="/opinions/2001/00c1335.bjj.pdf">JOHNSON, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00c1520.pc.pdf">2000-C- 1520 YARNELL ICE CREAM COMPANY AND FIREMAN'S FUND INSURANCE COMPANY v. JAMES GREGG ALLEN&nbsp;</a>(Office Of Workers' Compensation District 01E) Accordingly, we recall our order of September 15, 2000, as improvidently granted, and deny Allen's application.<a href="/opinions/2001/00c1520.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a>LEMMON, J., dissents. KIMBALL, J., dissents for reasons assigned by Calogero, C.J.&nbsp;&nbsp;</div>
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