April 9, 2003 - 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 #024</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;9th day of April, 2003, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2003/2002k0992.opn.pdf">2002-K -0992 STATE OF LOUISIANA v. JERRY TONEY</a>&nbsp;(Parish of Orleans) (Possession of Cocaine with Intent to Distribute, Multiple Offender) Accordingly, the trial court judgment quashing the multiple bill is hereby reversed. The case is remanded to the trial court for a prompt hearing on the multiple offender bill. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2003/2002c1147.opn.pdf">2002-C- 1147 PAMELA DUFRENE v. VIDEO CO-OP&nbsp;AND LOUISIANA WORKERS' COMPENSATION CORPORATION</a> (Office Of Workers' Compensation Dist. 5) Accordingly, the judgment of the court of appeal is reversed and the case remanded to the Office of Workers' Compensation for proceedings consistent with this opinion. JUDGMENT OF COURT OF APPEAL REVERSED; CASE REMANDED TO OFFICE OF WORKERS' COMPENSATION.VICTORY, J., dissenting in part with reasons. TRAYLOR, J., concurs for reasons assigned by Weimer, J. WEIMER, J., concurs with reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2003/2002c1913.opn.pdf">2002-C -1913 SHIRLEY ANN GINN v. WOMAN'S HOSPITAL&nbsp;FOUNDATION, INC. AND SHIRLEY ANN GINN v. WOMAN'S HOSPITAL FOUNDATION, INC., LOUISIANA PATIENT'S COMPENSATION FUND</a> (Parish of E. Baton Rouge) The judgments of the lower courts approving the settlement are reversed, and this case is remanded to the district court for proceedings not inconsistent with the opinion expressed herein. REVERSED AND REMANDED.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2003/2002c2043.opn.pdf">2002-C- 2043 LORRAINE G. PALMER v. LOUISIANA STATE BOARD&nbsp;OF ELEMENTARY AND SECONDARY EDUCATION</a> (Parish of E. Baton Rouge) We hereby reverse the decision of the court of appeal and reinstate the decision of the trial court. REVERSED AND REMANDEDVICTORY, J., concurs. TRAYLOR, J., dissents with reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2003/2001k1406.opn.pdf">2001-K- 1406 STATE OF LOUISIANA v. JOHN SYLVIA</a>&nbsp;(Parish of Orleans) (Attempted Possession of Cocaine) Accordingly, for the foregoing reasons, we affirm the judgment of the court of appeal. AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents. JOHNSON, J., dissents.&nbsp;<a href="/opinions/2003/2002c1978.opn.pdf">2002-C -1978 STATE OF LOUISIANA BOARD OF ETHICS v. CORBETT OURSO, JR.</a> (Parish of Tangipahoa) For the foregoing reasons, the judgment of the court of appeal is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2003/2002c1928.opn.pdf">2002-C -1928 LOUISIANA HORSEMEN'S BENEVOLENT AND PROTECTIVE ASSOCIATION 1993 INC. v. FAIR GROUNDS&nbsp;CORPORATION, FIRST STATEWIDE RACING COMPANY, INC., D/B/A EVANGELINE DOWNS, LOUISIANA DOWNS, INC., DELTA DOWNS RACING ASSOCIATION, INC., AND LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS</a> (Parish of E. Baton Rouge) For the foregoing reasons, the ruling of the court of appeal is reversed, the judgment of the trial court is reinstated, and the 
 matter is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED.KIMBALL, J., concurs in the result. VICTORY, J., concurs in the result.&nbsp;<a href="/opinions/2003/2002c2028.opn.pdf">2002-C -2028 JOHN H. BROWN v. MARY LYLES ADAIR, KENNETH SINGLETARY, MARY LYLES ADAIR, INC. AND XYZ INSURANCE COMPANY</a> (Parish of E. Baton Rouge) For the reasons assigned, the judgments of the trial court and court of appeal in favor of defendants are reversed. The judgment is amended to allow the Brown's tort suit to proceed and the case is remanded to the trial court for further proceedings consistent with this opinion. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2003/2002k0333.opn.pdf">2002-K -0333 STATE OF LOUISIANA v. JAMES THOMPSON</a>&nbsp;(Parish of Orleans)&nbsp; (Possession of Heroin; Two Counts)&nbsp; For the foregoing reasons, the ruling of the Fourth Circuit as to count one is reversed and set aside, and defendant's original conviction and sentence imposed by the trial court is reinstated. REVERSED.JOHNSON, J., dissents.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2003/2002c1072.opn.pdf">2002-C -1072 LOUISE ALLEN v. THE STATE OF LOUISIANA&nbsp;THROUGH THE ERNEST N. MORIAL - NEW ORLEANS EXHIBITION HALL AUTHORITY AND SCOTTSDALE INSURANCE COMPANY</a> (Parish of Orleans) Accordingly, for the reasons expressed above, the decision of the court of appeal is reversed and the judgment of the district court granting summary judgment in favor of defendants is reinstated. CALOGERO, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/2002k1201.opn.pdf">2002-K -1201 STATE OF LOUISIANA v. PHILLIP LENTZ, JR</a>. (Parish of Livingston) (Attempted Aggravated Burglary, Two Counts) For the foregoing reasons, we reverse the opinion rendered by the appellate court, reinstate the convictions and sentences, and remand the matter to the appellate court for consideration of defendant's remaining assignment of error. REVERSED AND REMANDED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2003/2002k0934.pc.pdf">2002-K -0934 STATE OF LOUISIANA v. EARL DABNEY</a>&nbsp;(Parish of St. Landry) (Possession of a Firearm by a Convicted Felon; Possession of a Firearm while in Possession of Controlled Substances) The decision of the Third Circuit is therefore reversed and this case is remanded to the court of appeal for consideration of respondent's remaining assignment of error pretermitted on original appeal. DECISION OF THE COURT OF APPEAL REVERSED; CASE REMANDED FOR FURTHER CONSIDERATION.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2003/2002k1126.pc.pdf">2002-K -1126 STATE OF LOUISIANA v. MILTON TESS PATIN</a>&nbsp;(Parish of Iberville) (Carnal Knowledge of a Juvenile) Accordingly, the judgment of the court of appeal is affirmed to the extent that it upholds the trial court's decision to relieve respondent of the specific condition of probation imposed by La.C. Cr.P. art. 895(H)(1) that he comply with the sex offender requirements of La.R.S. 15:542. However, any implications arising from the court of appeal opinion that a waiver granted under La.C.Cr.P. art 895(H)(4) may exempt a probationer from the duty to comply with the registration and notice requirements of La.R.S. 15:542, or risk incurring additional criminal sanctions, are expressly disavowed. JUDGMENT OF COURT OF APPEAL AFFIRMED IN PART, MODIFIED IN PART.WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2003/2002k1406.pc.pdf">2002-K -1406 STATE OF LOUISIANA v. KENYON R. WILLIAMS&nbsp;</a>(Parish of Plaquemines) (Aggravated Battery; Two Counts of Unauthorized Entry of an Inhabited Dwelling) The decision of the court of appeal is therefore reversed, relator's conviction and sentence are vacated, and this case is remanded to the district court for further proceedings consistent with the views expressed herein. COURT OF APPEAL DECISION REVERSED; CONVICTION AND SENTENCE VACATED; CASE REMANDED.TRAYLOR, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2003/2002c1496.pc.pdf">2002-C- 1496 MICHAEL WILLIAM MCGRAIL, INDIVIDUALLY, AND RAYMOND WINTERS, AS THE TUTOR OF JAMES PHILLIP MCGRAIL AND SANDRA MARIE MCGRAIL, INDIVIDUALLY AND AS THE SURVIVING CHILDREN OF MARGARET ALEXANDRIA WINTERS v. JESSIE R. LEE, MITCHELL TRANSPORTATION SERVICES, INC. AND CLARENDON NATIONAL INSURANCE COMPANY, IN SOLIDO</a> (Parish of Caddo) Upon defendants' application, we granted certiorari in this case. McGrail v. Lee, 2002-1496 (La. 10/4/02), 826 So.2d 1110. After hearing oral arguments and reviewing the record of the matter, we conclude that the judgment below does not require the exercise of our supervisory authority. Accordingly, we recall our order of October 4, 2002, as improvidently granted, and we deny defendants' application.CALOGERO, C.J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons. WEIMER, J., dissents.&nbsp;<a href="/opinions/2003/02B2698.pc.pdf">2002-B -2698 IN RE: CHARLES WILLIAMS</a> (Disciplinary Proceedings) Upon review of the findings and recommendation of the hearing committee and disciplinary board, and considering the record, it is ordered that Charles Williams be suspended from the practice of law in Louisiana for a period of two years. It is further ordered that all but one year and one day of this suspension shall be deferred. If and when respondent applies for reinstatement to the practice of law, he shall satisfy all conditions set forth by this court in Louisiana State Bar Ass'n v. Williams, 498 So.2d 727 (La. 1986). If reinstatement is granted, respondent shall be placed on supervised probation for a period of one year. Any misconduct during that time will be grounds for making the deferred portion of the suspension executory. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2003/02B2764.pc.pdf">2002-B -2764 IN RE: DARRYL JACKSON</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs and oral argument, it is ordered that Darryl Jackson be suspended from the practice of law for a period of six months, three months of which shall be deferred. Following the active portion of his suspension, respondent shall be placed on probation for a period of one year, subject to the requirement that he successfully complete the Louisiana State Bar Association's Ethics School program. Any misconduct by respondent during the period of probation shall be grounds for imposition of the deferred portion of the suspension, or additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2003/02B2873.pc.pdf">2002-B -2873 IN RE: PETER RALPH BRIGANDI</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Peter Ralph Brigandi be reprimanded for the conduct forming the basis of Count I. For the conduct forming the basis of Count II, it is ordered that respondent be suspended from the practice of law for a period of two years, with all but six months deferred. Following the active portion of his suspension, respondent shall be placed on supervised probation for a period of eighteen months with the condition he attend the Louisiana State Bar ssociation's Ethics School program. Any violation of the condition of probation or any other misconduct during the probationary period may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 10.1, with legal interest to commence thirty days from the date of finality of this court's judgment until paid.&nbsp;<a href="/opinions/2003/02B3062.pc.pdf">2002-B -3062 IN RE: AUDWIN L. JACKSON</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Audwin L. Jackson be suspended from the practice of law for a period of two years.&nbsp; It is further ordered that all but one year and one day of this suspension shall be deferred. If and when respondent applies for and is granted reinstatement to the practice of law, he shall be placed on supervised probation for a period of one year. Any misconduct during that time will be grounds for making the deferred portion of the suspension executory. All costs and expenses in the matter are assessed against respondent in accordance with Supreme Court Rule XIX, Section 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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