January 21, 2004 - Opinions - Louisiana Supreme Court

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January 21, 2004 
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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 #006</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;21st day of January, 2004, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2004/03c0619.opn.pdf">2003-C -0619 DUSTIN PEPPER v. THOMAS SETH TRIPLET AND ALLSTATE INSURANCE COMPANY</a> (Parish of Terrebonne) Accordingly, the judgments of the district court and the court of appeal in favor of the plaintiff are reversed; judgment is granted in favor of the defendant and the plaintiff's claim for damages is dismissed with prejudice. REVERSED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/03c1146.opn.pdf">2003-C -1146 JOSEPHINE COSTELLO v. ASHTON R. HARDY, BRADFORD D. CAREY, HARDY AND CAREY, L.L.P., AND XYZ INSURANCE COMPANY</a> (Parish of Jefferson) Finding that the element of malice was not proved, we reverse the judgments of the court of appeal and the trial court awarding damages for defamation. In all other respects, the judgments of the lower courts are affirmed. REVERSED IN PART; AFFIRMED IN PART. JOHNSON, J., concurs in the result. KNOLL, J., additionally concurs for the assigned reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/02k3196.pc.pdf">2002-K -3196 STATE OF LOUISIANA v. SPENCER MORGAN&nbsp;</a>(Parish of Orleans) (Aggravated Rape) 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. DECISION OF THE COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.TRAYLOR, J., concurs and assigns reasons. KNOLL, J., concurs and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2004/03c0189.pc.pdf">2003-C -0189&nbsp;ALVIN LANGSFORD, JR., ET AL. v. WILLIAM J. FLATTMAN, III ET AL&nbsp;</a>. (Parish of St. Bernard) For the reasons assigned, the judgment of the district court awarding plaintiff damages in excess of the policy limits of Southern United Fire Insurance Company is vacated and set aside. The case is remanded to the district court with instructions to enter judgment consistent with this opinion.&nbsp;<a href="/opinions/2004/03c1260.pc.pdf">2003-C -1260 LINDA TENNEY v. BURLINGTON NORTHERN &amp; SANTA FE RAILWAY CO., ET AL.&nbsp;</a>(Parish of Iberia) For the reasons assigned, the judgment of the court of appeal is affirmed. All costs in this court are assessed against plaintiff.&nbsp;<a href="/opinions/2004/03b2190.pc.pdf">2003-B -2190 IN RE: BARRY E. EDWARDS</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 Barry E. Edwards, Louisiana Bar Roll number 5281, be suspended from the practice of law for a period of three years. Two years of this suspension shall run concurrently to the suspension imposed in In re: Edwards, 99-1783 (La. 12/17/99), 752 So.2d 801, and one year shall run consecutively, to commence upon finality of the judgment rendered this day. It is further ordered that respondent shall render accountings to his clients and refund any unearned fees due to them. 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;<a href="/opinions/2004/03b2210.pc.pdf">2003-B -2210 IN RE: HILLIARD C. FAZANDE, II</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 Hilliard C. Fazande, II, Louisiana Bar Roll number 9953, be suspended from the practice of law for a period of six months. Three months of the suspension shall be deferred, and respondent shall be placed on unsupervised probation for a period of one year. 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;<a href="/opinions/2004/03b2376.pc.pdf">2003-B -2376 IN RE: DONALD R. PRYOR</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, and briefs filed by the parties, it is ordered that Donald Ray Pryor, Louisiana Bar Roll number 18389, be suspended from the practice of law for a period of two years, with eighteen months of the suspension deferred. Following the completion of the active portion of his suspension, respondent shall be placed on probation for a period of two years under the supervision of a practice monitor. Any misconduct during the period of probation may be grounds for making the deferred portion of the suspension executory or imposing other discipline, as appropriate. 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;<a href="/opinions/2004/03b2478.pc.pdf">2003-B -2478 IN RE: PATRICIA ANN GIVENS DEAN</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 Patricia Ann Givens Dean, Louisiana Bar Roll number 19544, be suspended from the practice of law for a period of one year. It is further ordered that the suspension shall be deferred in full and respondent shall be placed on probation under the supervision of a practice monitor for a period of one year, subject to the conditions recommended by the disciplinary board. Any misconduct during the period of probation 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, &sect;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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