December 7, 2001 - Opinions - Louisiana Supreme Court

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December 7, 2001 
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<table cellpadding="5" cellspacing="0" width="90%"><tbody><tr valign="top" style=""><td valign="top" width="63%">FOR IMMEDIATE NEWS RELEASE</td><td valign="top" width="37%"><div align="right">NEWS RELEASE #096</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 7th day of December, 2001, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2001/01c0528.opn.pdf">2001-C- 0528 ANDREZJ SAWICKI v. K/S STAVANGER PRINCE AND ASSURANCEFORENINGEN SKULD</a> (Parish of St. Bernard) For this reasons, we reverse the holdings of the district court and court of appeal, and remand this case to the district court for further proceedings. SUMMARY JUDGMENT FOR DEFENDANT REVERSED REMANDED TO DISTRICT COURTRetired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2001/01kk1383.opn.pdf">2001-KK- 1383 STATE OF LOUISIANA v. RODRIGO LOPES</a> (Parish of Orleans) (Forcible Rape) For the foregoing reasons, the judgment of the district court which denied the defendant's motion for the appointment of an interpreter is reversed and set aside. This matter is remanded to the district court for the purpose of holding a hearing on the defendant's motion in accordance with the views expressed in this opinion. REVERSED AND REMANDED TO THE DISTRICT COURT.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2001/01kk1383.jpv.pdf">VICTORY, J., dissents and assigns reasons. </a>TRAYLOR, J., dissents for reasons assigned by Victory, J.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2001/00k1507.rev.pc.pdf">2000-K- 1507 STATE OF LOUISIANA v. ILA WOMACK-GREY</a> (Parish of Orleans) (Second Degree Murder) Accordingly, the decision below is reversed, the respondent's conviction and sentence are reinstated. Because the majority opinion addressed only the first three of respondent's assignments of error, this case is remanded to the court of appeal for consideration of respondent's remaining assignments of error. JUDGMENT REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED TO THE COURT OF APPEAL.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.VICTORY, J., concurs.&nbsp;<a href="/opinions/2001/00k1573.pc.pdf">2000-K- 1573 STATE OF LOUISIANA v. RALPH OTIS JACKSON</a> (Parish of Cameron) (Attempted Aggravated Rape) The decision below is therefore reversed, respondent's conviction and sentence are reinstated, and this case is remanded to the court of appeal for consideration of respondent's remaining assignments of error pretermitted in original appeal. JUDGMENT REVERSED; CASE REMANDED TO THE COURT OF APPEAL.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/00k1705.pc.pdf">2000-K- 1705 STATE OF LOUISIANA v. BERNELL ROMAN</a> (Parish of Orleans) (Possession of a Firearm by a Previously Convicted Felon) The decision of the court of appeal is therefore reversed, respondents' conviction and sentence are reinstated, and respondent is referred to post-conviction proceedings on any claim of ineffective assistance of counsel. This case is remanded to the court of appeal for consideration of his remaining assignments of error pretermitted on original appeal. DECISION OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/00ck2560.pc.pdf">2000-CK- 2560 STATE OF LOUISIANA IN THE INTEREST OF T.A.</a> (Parish of Orleans) Accordingly, as opposed to simply deleting the condition placing respondent in the Impact Program, we vacate that condition and remand the case to the juvenile court for further consideration in light of the views expressed herein. DECISION OF COURT OF APPEAL ON REHEARING VACATED; CASE REMANDED TO THE JUVENILE COURT.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;<a href="/opinions/2001/01b1117.pc.pdf">2001-B- 1117 IN RE: ROBERT W. SHARP </a>(Disciplinary Proceedings) Upon consideration of the record, briefs and oral argument, it is ordered that Robert W. Sharp be suspended from the practice of law in the State of Louisiana for a period of one year and one day. All costs and expenses in the 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.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.&nbsp;&nbsp;</div>
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