November 28, 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 #093</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, 2001, are as follows:&nbsp; &nbsp;BY KIMBALL, J.:<a href="/opinions/2001/00K1437.opn.PDF">2000-K- 1437 STATE OF LOUISIANA v. EARL BLAKE YOUNG</a>&nbsp;(Parish of Pointe Coupee) (Attempted Simple Burglary and Second Degree Battery) Defendant's conviction of attempted simple robbery is hereby reversed and the sentence therefor is set aside. Defendant's conviction of second degree battery is affirmed subject to the order of the court of appeal in No. 99-1310 which reversed defendant's third felony habitual offender adjudication, vacated defendant's sentence, and remanded the case to the trial court for resentencing. REVERSED IN PART; AFFIRMED IN PART.Retired Judge Robert L. Lobrano, assigned as Justice ProTempore, participating in the decision. TRAYLOR, J., dissents in part and concurs in part for reasons assigned by Knoll, J.<a href="/opinions/2001/00k1437.JTK.PDF">KNOLL, J., dissents in part and concurs in part&nbsp;and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01C0462.opn.PDF">2001-C- 0462 LISA VASALLE AND RENELLE VASALLE v. WAL-MART STORES, INC.&nbsp;ET AL.</a> (Parish of Calcasieu) After reviewing the record in the instant matter, we conclude the jury's verdict was reasonably supported by the evidence. Plaintiffs are therefore not entitled to a JNOV or a new trial. In light of these findings, we hereby reinstate the jury's verdict. REVERSED. VERDICT REINSTATED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01CC1136.opn.PDF">2001-CC- 1136 SYLVIA GOINS v. WAL-MART STORES, INC. AND JAMES BANKS</a>&nbsp;(Parish of Orleans) For the foregoing reasons, we reverse the judgments of the trial court and court of appeal. Wal-Mart's motion for summary judgment is granted, and the case against Wal-Mart is dismissed with prejudice. REVERSED: SUMMARY JUDGMENT GRANTED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.JOHNSON, J., concurs.&nbsp; &nbsp;&nbsp;BY JOHNSON, J.&nbsp;:<a href="/opinions/2001/00c1394.opn.pdf">2000-C- 1394 DONNA LABOVE, ET VIR. v. ROY RAFTERY, JR. ET AL.</a>&nbsp;(Parish of Cameron) C/W 2000-C- 1423 For the foregoing reasons, we hold that the jury was manifestly erroneous in finding CSB liable for age discrimination and intentional infliction of emotional distress. Accordingly, we reverse the judgments of the lower courts and dismiss plaintiff's action. REVERSED AND RENDERED.Justice Harry T. Lemmon, retired, participated in the decision in this case which was argued prior to his retirement.<a href="/opinions/2001/00c1394.JTK.PDF">KNOLL, J., dissents in part concurs in part and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01C0714.OPN.PDF">2001-C- 0714 IVAN L. HAND, JR. v. GWENDOLYN ROBINSON HAND</a>&nbsp;(Parish of St. Mary) For the foregoing reasons, the decision of the court of appeal is REVERSED and the judgment of the district court, sustaining the exception of no cause of action is reinstated.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01o2304.opn.pdf">2001-O- 2304 IN RE: JUDGE CHARLES R. JONES </a>For the reasons stated herein, it is ordered that Judge Charles R. Jones be, and he hereby is, suspended for thirty days, for violating Canons 1, 2A, 3B(1), of the Code of Judicial Conduct, as well as Art. V, Section 25(C) of the Louisiana Constitution. Additionally, it is ordered that Judge Jones reimburse the Louisiana Judiciary Commission $4,772.25, representing the costs incurred during the investigation and prosecution of the case.Retired Justice Walter F. Marcus, Jr. and retired Judge Anne L. Simon assigned as Justices ad hoc. Associate Justice Catherine D. Kimball, recused.<a href="/opinions/2001/01o2304.jpv.pdf">VICTORY, J., concurs and assigns additional reasons. </a><a href="/opinions/2001/01o2304.jtk.pdf">KNOLL, J., dissents in part and concurs in part and assigns reasons. </a>SIMON, J., dissents in part and concurs in part for the reasons assigned by Justice Knoll.&nbsp; &nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2001/00ka0434.opn.pdf">2000-KA- 0434 STATE OF LOUISIANA v. CURTIS DEAL</a> (Parish of Caddo) (First Degree Murder) For the reasons assigned herein and in the unpublished appendix, the defendant's conviction and sentence are affirmed. In the event this judgment becomes final on direct review when either: (1) the 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 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. R.S. 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 post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/00ka0434.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01c0631.opn.pdf">2001-C- 0631 LULA MAE JENNINGS v. JOHNNY E. TURNER, JR.</a> (Parish of Orleans) For the reasons stated above, the judgment of the court of appeal is reversed and the matter is remanded to the trial court to partition the pension benefits under the formula enunciated in Sims v. Sims, 358 So.2d 919 (La. 1978). REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01c0631.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01kk1080.opn.pdf">2001-KK- 1080 IN RE: LIONEL "LON" BURNS</a> (STATE OF LOUISIANA V. GEORGE LEE, III) (Parish of Orleans) For the reasons stated herein, the judgment of the court of appeal affirming Lionel Burns' conviction for constructive contempt for tampering with or planting evidence is reversed and the judgment of the court of appeal affirming Lionel Burns' conviction for constructive contempt for failing to disclose the discovery of the evidence is affirmed. We vacate Lionel Burns' sentence of six months imprisonment and order Burns to pay a fine of $500.00. REVERSED IN PART; AFFIRMED IN PART; SENTENCE VACATED. LIONEL BURNS ORDERED TO PAY FINE OF $500.00.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01kk1080.pfc.pdf">CALOGERO, C.J., concurs in part, dissents in part and assigns reasons. </a><a href="/opinions/2001/01kk1080.bjj.pdf">JOHNSON, J., concurs and assigns reasons. </a><a href="/opinions/2001/01kk1080.jtk.pdf">KNOLL, J., concurs in part and dissents in part, and assigns reasons.&nbsp;</a> &nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2001/01kk0732.opn.pdf">2001-KK- 0732 STATE OF LOUISIANA v. JAMES WILLIAMS</a> (Parish of Orleans) (Possession of Cocaine With Intent to Distribute) For the foregoing reasons, we reverse the trial court ruling granting the defendant's motion to suppress the cocaine seized in his residence. The motion to suppress is denied. The case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01kk0732.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2001/01kk0732.bjj.pdf">JOHNSON, J., dissents and assigns reasons.&nbsp;</a> &nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2001/00k1725.opn.pdf">2000-K- 1725 STATE OF LOUISIANA v. SIDNEY WILLIAMS</a> (Parish of E. Baton Rouge) (DWI) For the foregoing reasons, the judgment of the appellate court is affirmed and this case is remanded to the district court for re-sentencing. Those appellate court decisions inconsistent with the views expressed in this opinion are overruled. AFFIRMED AND REMANDED TO DISTRICT COURT.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participated in the decision.<a href="/opinions/2001/00k1725.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2001/00k1725.rll.pdf">LOBRANO, J., concurs and assigns reasons.</a>&nbsp;<a href="/opinions/2001/01c0511.opn.pdf">2001-C- 0511 ARCHER DANIELS MIDLAND COMPANY, ET AL. v. THE PARISH SCHOOL BOARD OF THE PARISH OF ST. CHARLES, INDIVIDUALLY AND AS COLLECTING AGENT FOR THE PARISH COUNCIL OF ST. CHARLES, ET AL. C/W TULANE FLEETING, INC. v. THE PARISH SCHOOL BOARD OF THE PARISH OF ST. CHARLES, INDIVIDUALLY AND AS COLLECTING AGENT FOR THE PARISH COUNCIL OF ST. CHARLES, ET AL</a> (Parish of St. Charles) Accordingly, we reverse the lower courts and remand this matter to the district court for further proceedings consistent with the views expressed herein. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01c0511.bjj.pdf">JOHNSON, J., dissents and assigns reasons. </a>VICTORY, J., concurs.&nbsp;<a href="/opinions/2001/01cc0987.opn.pdf">2001-CC- 0987 CONNIE JO FINK v. STEPHEN BRYANT</a> (Parish of St. Charles) For the foregoing reasons, the judgments of the lower courts are reversed and set aside. This matter is remanded to the district court to determine the merits of the contempt rule. REVERSED AND REMANDED.Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01cc1076.opn.pdf">2001-CC- 1076 RODNEY G. DELANEY v. CITY OF ALEXANDRIA</a> (Parish of Rapides) For the reasons set forth above, we reverse the judgment of the district court denying the City of Alexandria's motion for summary judgment, and we render judgment in favor of the City dismissing plaintiff's action. REVERSED AND RENDERED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01cj2128.opn.pdf">2001-CJ- 2128 STATE OF LOUISIANA IN THE INTEREST OF SNW, CJW, CLM, CNM, JAM &amp; IMM v. SADIE W. MITCHELL AND CHRISTOPHER L. MITCHELL, SR.</a> (Parish of Rapides) For the foregoing reasons, we reverse the judgment of the court of appeal and reinstate the judgment of the district court terminating the parental rights of Sadie Mitchell. REVERSED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp; &nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/01c0678.pc.pdf">2001-C- 0678 LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY v. WAYNE L. ROTTMAN</a> (Parish of E. Baton Rouge) For the reasons assigned, the judgment of the court of appeal dismissing the petition of the Louisiana Department of Environmental Quality is reversed. The July 16, 1999 judgment of the district court making the 1991 compliance order a judgment of the district court and executory for all purposes is reinstated. All costs in this court are assessed against defendant.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01c0899.pc.pdf">2001-C- 0899 MARY LOUISE HOGUE, ET AL. v. DR. RANDY SUSSMANE-STUBBS AND WESTERN INDEMNITY INSURANCE COMPANY&nbsp;(INTERVENOR-THE LOUISIANA PATIENTS' COMPENSATION FUND)</a> (Parish of Ouachita) Accordingly, we recall our order of June 1, 2001, as improvidently granted, and deny the application of the Louisiana Patients' Compensation Fund.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01cc0961.pc.pdf">2001-CC- 0961 HUEY J. RIVET, ET AL. v. STATE OF LOUISIANA, DEPARTMENT OF TRANSPORTATION &amp; DEVELOPMENT</a> (Parish of St. Charles) For the reasons assigned, the judgment of the district court granting a new trial is reversed. The August 10, 1999 judgment awarding attorney's fees is reinstated. All costs in this court are assessed against plaintiffs.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;&nbsp;</div>
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