March 15, 2002 - Opinions - Louisiana Supreme Court

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March 15, 2002 
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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 #020</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;15th day of March, 2002&nbsp;, are as follows:&nbsp; &nbsp;BY JOHNSON, J.:<a href="/opinions/2002/00k2899.opn.pdf">2000-K- 2899 STATE OF LOUISIANA v. JOHNELL PAYTON&nbsp;</a>(Parish of Orleans) (First Degree Robbery; Armed Robbery - Third Felony Offender) For the foregoing reasons, we REVERSE the court of appeal and REMAND for sentencing in accordance with the Louisiana Habitual Offender Act.&nbsp; Retired Judge Robert L. Lobrano, assigned as Associate Justice Pro Tempore, participating in the decision.&nbsp; VICTORY, J., concurs in the result.&nbsp; &nbsp;&nbsp;BY TRAYLOR, J.&nbsp;:<a href="/opinions/2002/01ca1902.opn.pdf">2001-CA- 1902 CITGO PETROLEUM CORPORATION AND CONOCO v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) <a href="/opinions/2002/01ca1902.opn.pdf">C/W 2001-CA- 1903 LAKE CHARLES PILOTS, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge) <a href="/opinions/2002/01ca1902.opn.pdf">C/W 2001-CA- 1904 CITGO PETROLEUM CORPORATION AND CONOCO v. LOUISIANA PUBLIC SERVICE COMMISSION</a> (Parish of E. Baton Rouge)&nbsp; For the reasons expressed herein, we find that the fee dispute herein was properly certified to the LPSC after the Fee Commission failed to reach a quorum. We further find the LPSC is statutorily vested the regulation of pilots hired to navigate the outer bar, thereby requiring the LPSC to regulate all pilotage services in the outer bar. We amend the portion of the trial court's decision to reinstate the interim tariff. Accordingly, we affirm the trial court's reversal of the LPSC ruling to the extent that it remanded this matter for the inclusion of the outer bar in the final tariff and remand to the LPSC for continued proceedings consistent with this opinion. AMENDED AND REMANDED.&nbsp; KNOLL, J., concurs.&nbsp; &nbsp;&nbsp;PER CURIAM&nbsp;:<a href="/opinions/2002/98b0772.pc.pdf">1998-B- 0772 IN RE: JESSIE N. GROS, III&nbsp;</a>&nbsp; (Disciplinary Proceedings) For the reasons assigned, respondent, Jessie N. Gross, III, is adjudged guilty of additional violations which warrant disbarment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so. 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.&nbsp; &nbsp;<a href="/opinions/2002/00k2960.pc.pdf">2000-K- 2960 STATE OF LOUISIANA v. KENDALL STEWART&nbsp;</a>(Parish of Washington) (Distribution of Cocaine) The decision of the court of appeal is therefore reversed, respondent's conviction and sentence are reinstated, and this case is remanded to the district court for execution of sentence. JUDGMENT OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp; JOHNSON, J., dissents.&nbsp; &nbsp;<a href="/opinions/2002/00b3532.pc.pdf">2000-B- 3532 IN RE: LEONARD O. PARKER, JR&nbsp;</a>. (Disciplinary Proceedings) For the reasons assigned, respondent, Leonard O. Parker, Jr., is adjudged guilty of additional violations which warrant disbarment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so. 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.&nbsp; &nbsp;<a href="/opinions/2002/01b1419.pc.pdf">2001-B- 1419 IN RE: ROBERT E. PATRICK&nbsp;</a>(Disciplinary Proceedings) For the reasons assigned, respondent, Robert E. Patrick, is adjudged guilty of additional violations which warrant disbarment and which will be added to his record for consideration in the event he applies for readmission after becoming eligible to do so. 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.&nbsp; &nbsp;<a href="/opinions/2002/00k3083.pc.pdf">2000-K- 3083 STATE OF LOUISIANA v. DEREK M. JACKSON&nbsp;</a>(Parish of Orleans) (Possession of Cocaine) The decision of the Fourth Circuit is therefore reversed, the ruling of the trial court on the motion to suppress is reinstated, as are respondent's conviction and sentence, and this case is remanded to the district court for execution of sentence. JUDGMENT OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp; JOHNSON, J., dissents.&nbsp;&nbsp;</div>
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