February 21, 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 #017</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;21th day of February, 2001, are as follows:&nbsp;&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2001/00c0469.opn.pdf">2000-C- 0469 DIAMOND SERVICES CORPORATION v. DELORES N. BENOIT</a> (Parish of Lafayette) For the reasons stated herein, the judgment of the court of appeal holding that the maker of a collateral mortgage note pledged to secure the debt of a third party is personally liable on the collateral mortgage note beyond the value of the mortgaged property is reversed. The judgment of the district court, dismissing with prejudice respondent Diamond Services' consolidated petitions, is reinstated. REVERSED AND RENDERED.MARCUS, J. retired, ad hoc, sitting for Lemmon, J., recused.<a href="/opinions/2001/00c0469.jpv.pdf">VICTORY, J., concurs in the result with reasons</a>. TRAYLOR, J., concurs in the result for reasons assigned by Justice Victory. MARCUS, J., ad hoc concurs in the result for reasons assigned by Justice Victory.&nbsp;<a href="/opinions/2001/00kk1399.opn.pdf">2000-KK- 1399 STATE OF LOUISIANA v. GERMAINE MITCHELL</a> (Parish of St. Martin) (Manslaughter and Aggravated Battery) For the foregoing reasons, we vacate the trial court's order granting a new trial, reinstate the verdicts of guilty of manslaughter and aggravated battery and remand the case to the district court for a sentencing hearing. DISTRICT COURT'S JUDGMENT GRANTING NEW TRIAL REVERSED; REMANDED FOR SENTENCING.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00kk1399.jtk.pdf">KNOLL, J., concurs and assigns reasons&nbsp;</a>.&nbsp; &nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2001/00c1585.opn.pdf">2000-C- 1585 PRESTON NAQUIN v. TITAN INDEMNITY COMPANY, IBERVILLE PARISH SHERIFF'S DEPARTMENT, AND NEAL NOEL</a> (Parish of E. Baton Rouge) Considering the foregoing, the judgment is affirmed with respect to the dismissal of the claims againt Noel and the Sheriff, reversed insofar as it dismisses Titan Indemnity Co., and remanded to the district court for further proceedings not inconsistent with this opinion. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.&nbsp;&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2001/00c1157.opn.pdf">2000-C- 1157 JOHN M. LANDIS v. DOUG MOREAU, INDIVIDUALLY, AND IN HIS CAPACITY AS DISTRICT ATTORNEY FOR THE 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE</a>(Parish of E. Baton Rouge) Accordingly, we reverse the lower courts' rulings that the audiotapes are not discoverable in their entirety. We order that the audiotapes be transcribed by an official court reporter while remaining under seal, and we remand this matter to the trial court for an in camera inspection of the transcriptions of the tapes to determine whether any portions of the tape recorded statements are discoverable. Additionally, we hold that any mental impressions, conclusions, opinions, or theories of the investigator cannot be immune from discovery under the attorney work product privilege. REVERSED AND REMANDED.VICTORY, J., concurs in the result. TRAYLOR, J., dissents.&nbsp;<a href="/opinions/2001/00c1693.opn.pdf">2000-C- 1693 HERMAN L. WILLIAMS AND EISIBE WILLIAMS v. US AGENCIES CASUALTY INSURANCE COMPANY, INC., ET AL&nbsp;</a>(Parish of Caddo) Accordingly, we find that US Agencies is obligated to pay the damages awarded to the plaintiffs by virtue of the insurance policy it had in effect insuring Beaudoin and his vehicle at the time of the accident. AFFIRMED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00c1693.jpv.pdf">VICTORY, J., concurs and assigns reasons. </a><a href="/opinions/2001/00c1693.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a>&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2001/00ck0205.opn.pdf">2000-CK- 0205 STATE OF LOUISIANA IN THE INTEREST OF R.T.</a> (Parish of Jackson) For the reasons assigned, the judgment of the court of appeal is affirmed insofar as it relates to the charge of violation of La.R.S. 14:40.1(A). It is reversed and set aside insofar as it reversed the verdict of the trial judge on the charge of violation of La. R.S. 14:54.1(A). The verdict of the trial judge as it relates to that statute is reinstated. The case is remanded to the trial judge to issue such orders as he may deem appropriate. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon. KNOLL, J., concurs in the result.&nbsp;<a href="/opinions/2001/00cj3277.opn.pdf">2000-CJ- 3277 STATE IN THE INTEREST OF S.M.W., C.D.W., C.N.W. AND E.S.W.</a> (Parish of Allen) For the foregoing reasons, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED; JUDGMENT OF TRIAL COURT REINSTATED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.CALOGERO, C.J., concurs.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2001/00ob1360.opn.pdf">2000-OB- 1360 ALFREDA TILLMAN BESTER v. COMMITTEE ON BAR ADMISSIONS</a> Petition for Writ of Mandamus, Injunctive and Declaratory Relief DENIED.JAMES C. GULOTTA, Associate Justice Pro Tempore, sitting for Lemmon, J.<a href="/opinions/2001/00ob1360.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons.</a> <a href="/opinions/2001/00ob1360.bjj.pdf">JOHNSON, J., concurs in part, dissents in part and assigns reasons.</a>&nbsp;<a href="/opinions/2001/00ob2517.opn.pdf">2000-OB- 2517 LOUISIANA SUPREME COURT, COMMITTEE ON BAR ADMISSIONS, EX REL DANIEL A. WEBB, CHAIRMAN v. GARY R. ROBERTS, DANE S. CIOLINO AND ALFREDA TILLMAN BESTER</a> Petition for Declaratory Relief denied; Reconventional Demand denied.JAMES C. GULOTTA, Associate Justice Pro Tempore, sitting for Lemmon, J.&nbsp; &nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2001/00kh0172.opn.pdf">2000-KH- 0172 STATE EX REL. WILLIAM OLIVIERI v. STATE OF LOUISIANA&nbsp;</a>(Parish of Jefferson) C/W 2000-KP- 1767 STATE OF LOUISIANA v. MARVIN J. HUTCHINSON (Parish of St. Bernard) For the foregoing reasons the judgments of the lower courts are affirmed. The stay granted by the district court in&nbsp;State v.Hutchinson&nbsp;on June 30, 1997 is lifted and that matter is remanded to district court for action consistent with this opinion. Our stay granted in&nbsp;State ex rel. William Olivieri v. State&nbsp;on October 31, 2000, is likewise lifted and that matter is remanded to the Board of Parole for further action consistent with this opinion. AFFIRMED AND REMANDED.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.<a href="/opinions/2001/00kh0172.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons</a>. <a href="/opinions/2001/00kh0172.cdk.pdf">KIMBALL, J., concurs in part and dissents in part and assigns reasons.</a> GULOTTA, J., Pro Tempore, dissents in part, concurs in part and joins in the reasons assigned by the Chief Justice.&nbsp; 
 &nbsp;&nbsp;BY GULOTTA, J., Pro Tempore:<a href="/opinions/2001/99ka2124.opn.pdf">1999-KA- 2124 STATE OF LOUISIANA v. QUINCY BROADEN</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) 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 defedant 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.JAMES C. GULOTTA, Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.&nbsp;<a href="/opinions/2001/00c1727.opn.pdf">2000-C- 1727 GENE W. BAYS, JR. v. MICHELLE SUANE BAYS</a> (Parish of St. Tammany) Accordingly, we reverse and set aside that portion of the trial court's judgment issuing a protective order against the plaintiff for the benefit of the defendant and ordering the defendant to pay court costs and attorneys fees. We do not disturb the remaining parts of the judgment. REVERSED IN PART.JAMES C. GULOTTA, Associate Justice Pro Tempore, sitting for Associate Justice Harry T. Lemmon.JOHNSON, J., concurs.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00b2765.pc.pdf">2000-B- 2765 IN RE: JOHNNIE A. JONES, JR.</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 Johnnie A. Jones, Jr. be suspended from the practice of law in Louisiana for a period of ninety days. This suspension shall be fully deferred, subject to a one-year period of supervised probation governed by the conditions proposed by the disciplinary board. 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.&nbsp;&nbsp;</div>
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