January 25, 2002 - 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 #007</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;25th day of January, 2002&nbsp;, are as follows:&nbsp; &nbsp;BY KIMBALL, J.&nbsp;:<a href="/opinions/2002/01c1298.opn.pdf">2001-C- 1298 PAMELA MCWILLIAMS BILLIOT v. JOSEPH B. BILLIOT, JR.&nbsp;</a>(Parish of Lafourche) For the foregoing reasons, the order holding OCS in contempt of court is reversed. REVERSED.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/01c1298.cdt.pdf">TRAYLOR, J., dissents and assigns reasons.</a> &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2002/99ka0584.opn.pdf">1999-KA- 0584 STATE OF LOUISIANA v. ROGER LACAZE&nbsp;</a>(Parish of Orleans) (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) 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 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 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 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.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp; &nbsp;<a href="/opinions/2002/00ka2277.opn.pdf">2000-KA- 2277 STATE OF LOUISIANA v. ELZIE BALL&nbsp;</a>(Parish of Jefferson) (First Degree Murder) For the reasons assigned herein, defendant's conviction and death 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 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 of direct appeal, and before signing the warrant of execution, as provided by La. Rev. Stat. 15:567(B), immediately notify 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.Retired Judge R. Lobrano, assigned as Justice Pro Tempore, particpating in the decision.<a href="/opinions/2002/00ka2277.pfc.pdf">CALOGERO, C.J., dissents and assigns reasons. </a><a href="/opinions/2002/00ka2277.cdk.pdf">KIMBALL, J., dissents and assigns reasons. </a>JOHNSON, J., dissents.&nbsp; &nbsp;&nbsp;BY LOBRANO, J.&nbsp;:<a href="/opinions/2002/01c1517.opn.pdf">2001-C- 1517 C/W 2001-C- 1519 2001-C- 1521 LOUIS COLEMAN INDIVIDUALLY AND AS FATHER OF LOUIS FRANK COLEMAN v. DR. RICHARD DENO, DR. IVAN SHERMAN AND JOELLEN SMITH HOSPITAL&nbsp;</a>(Parish of Orleans) For the foregoing reasons, we affirm the finding of malpractice liability on the part of Dr. Deno and the grant of judgment notwithstanding the verdict dismissing the malpractice claim against Dr. Sherman. We modify the fault allocation and hold that Dr. Deno was only 25% at fault. We remand this matter to the court of appeal for a review of damages and for a rendering of judgment consistent with the views expressed in this opinion.Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.<a href="/opinions/2002/01c1517.bjj.pdf">JOHNSON, J., concurs in part and dissents in part&nbsp;and assigns reasons.</a> VICTORY, J., dissents in part for the reasons assigned by Justice Knoll. TRAYLOR, J., dissents in part for reasons assigned by Justice Knoll. <a href="/opinions/2002/01c1517.jtk.pdf">KNOLL, J., dissents in part&nbsp;and assigns reasons.</a>&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2002/00k2836.pc.pdf">2000-K- 2836 STATE OF LOUISIANA v. ZACHARY LIPSCOMB&nbsp;</a>(Parish of Orleans) (Possession of a Controlled Dangerous Substance) The decision of the court of appeal is therefore vacated to the extent that it reverses respondent's conviction and sentence on grounds of ineffective assistance of counsel. The merits of that claim are referred to post-conviction proceedings and this case is remanded to the court of appeal for consideration of the supplemental assignments of error pretermitted on original appeal. JUDGMENT VACATED IN PART; CASE REMANDED.<a href="/opinions/2002/00k2836.bjj.pdf">JOHNSON, J., dissents and assigns reasons.&nbsp;</a> &nbsp;<a href="/opinions/2002/00k2900.pc.pdf">2000-K- 2900 STATE OF LOUISIANA v. KEVIN P. JONES&nbsp;</a>(Parish of Orleans) (Theft of Automobile Valued over $500.00) After an independent review of the record, and considering the argument of counsel, we conclude that the decision of the Court of Appeal does not require the exercise of our supervisory authority. Accordingly, we recall our order of September 21,2001 as improvidently granted.TRAYLOR, J., dissents from the recall.&nbsp; &nbsp;<a href="/opinions/2002/01kk2436.pc.pdf">2001-KK- 2436 STATE OF LOUISIANA v. LYLE JOHNSON&nbsp;</a>(Parish of Orleans) (Possession of Cocaine) The ruling of the trial court granting respondent's motion to suppress is therefore reversed, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. JUDGMENT REVERSED; CASE REMANDED.<a href="/opinions/2002/01kk2436.pc.pdf">JOHNSON, J., dissents&nbsp;and assigns reasons.</a>&nbsp;&nbsp;</div>
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