April 14, 2004 - 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 #034</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;14th day of April, 2004, are as follows:BY CALOGERO, C.J.:<a href="/opinions/2004/03c1734.opn.pdf">2003-C -1734 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ROY W. HALL AND HELEN HALL v. THE FOLGER COFFEECOMPANY&nbsp;AND XYZ INSURANCE COMPANY C/W THE FOLGER COFFEE COMPANY v. ROY W. HALL AND HELEN HALL</a> (Parish of Orleans) The decision of the court of appeal is reversed, and the district court judgment annulling the default judgment in favor of the Halls and against Folger is reinstated. COURT OF APPEAL REVERSED; DISTRICT COURT JUDGMENT ANNULLING DEFAULT JUDGMENT REINSTATED.KIMBALL, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Kimball, J. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03k0924.opn.pdf">2003-K- 0924 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. DANNY PARKER&nbsp;</a>(Parish of St. Tammany) (Possession of Controlled Dangerous Substances, Two Counts; Habitual Offender) For all the reasons expressed herein, we conclude that the punishment to be imposed on defendant, a habitual offender, is that provided by La. R. S. 15:529.1 as it existed on the date he committed the underlying offense. We therefore reverse that portion of the court of appeal's judgment that vacated the habitual sentence imposed on defendant by the district court. However, because it determined that defendant's habitual offender sentence was improper, the court of appeal pretermitted consideration of defendant's second assignment of error contending the sentence imposed was unconstitutionally excessive. We therefore remand this case to the court of appeal for consideration of defendant's remaining assignment of error that was pretermitted on appeal. REVERSED AND REMANDED.CALOGERO, C.J., concurs. JOHNSON, J., dissents and assigns reasons. WEIMER, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2004/03k1228.opn.pdf">2003-K -1228 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. EAN LAVAR JOHNSON&nbsp;</a>(Parish of Webster) (Felon in Possession of a Firearm) For the foregoing reasons, the judgment of the court of appeal is reversed and the defendant's conviction and sentence are reinstated. REVERSED; CONVICTION AND SENTENCE REINSTATED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2004/03ca1702.opn.pdf">2003-CA-1702 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE CIVIL SERVICE COMMISSION v. DIRECTOR OFTHE DEPARTMENT OF PUBLIC SAFETY,&nbsp;ROBERT S. HECKER, LARRY M. TONEY, WARNER TUREAUD, KEVIN L. NEWMAN, MICHAEL S. SAWER, JOSEPH TREVIGNE, PENELOPE E. HAHN, CAROL W. HENRY, JOSEPH O. LABARRIERE, ET AL.</a> (Parish of E. Baton Rouge) We conclude that LSA-R.S. 33:2218.2(A)(2)(a) is unconstitutional, because in enacting said law, the Legislature infringed upon the constitutional powers of the Civil Service Commission that can only be abridged by constitutional amendment. Further, the Port of New Orleans Harbor Police are state classified employees, and not municipal policemen, and therefore they are outside the purview of the constitutional exceptions found in LSA-Const. Art. 6, Section 14 and in the&nbsp;Firefighters&nbsp;, (La. 1982) case. Defendants' argument that the statute is a constitutional exercise of the Legislature's police powers is without merit. Therefore, the judgment of the Court of Appeal is AFFIRMED.CALOGERO, C.J., additionally concurs with reasons.&nbsp;<a href="/opinions/2004/02ka1869.opn.pdf">2002-KA-1869 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. DARRELL JAMES ROBINSON
 </a>(Parish of Rapides) (First Degree Murder; Four Counts) For the reasons assigned, the defendant's convictions 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. C.Cr.P. art. 923 of finality of direct appeal, and before signing the warrant of execution as provided by La. R.S. 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. R.S. 15:149.1; and (2) to litigate expeditiously the claims raised in that original application, if filed in the state courts. AFFIRMED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2004/98ka1078.opn.pdf">1998-KA-1078 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ALLEN SNYDER&nbsp;</a>(Parish of Jefferson) In accordance with the above reasons assigned by this Court, we unconditionally affirm the judgment of the trial court and the sentence of death. AFFIRMED.Retired Judge Melvin A. Shortess, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Jeanette T. Knoll, recused.SHORTESS, J.,ad hoc, concurs in the result and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03c2021.opn.pdf">2003-C -2021 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MICHAEL GRANT v. MAYOR GEORGE GRACE AND CITY</a><a href="/opinions/2004/03c2021.opn.pdf">COUNCIL OF ST. GABRIEL, LA.&nbsp;</a>(Parish of Iberville) Our interpretation of the two statutes is in harmony with the plain meaning of the statutes and the intent evidenced by the legislature in enacting and amending both statutes. For the foregoing reasons, we reverse the decisions of the lower courts and grant the City's Motion for Summary Judgment.KIMBALL, J., concurs in the result and assigns reasons. JOHNSON, J., concurs. KNOLL, J., concurs in the result.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2004/03c2220.opn.pdf">2003-C -2220 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MARY MOE, L.L.C., NANCY NOE, L.L.C., PETER POE, L.L.C, AND RICHARD ROE, L.L.C, LOUISIANA LIMITED LIABILITY COMPANIES PROCEEDING PSEUDONYMOUSLY v. LOUISIANA BOARD OF ETHICS&nbsp;</a>(Parish of Orleans) For the foregoing reasons, the judgments of the lower courts that permanently enjoined the Louisiana Board of Ethics from issuing the subpoenas duces tecum to the Louisiana Leadership, L.L.C., Louisiana Optimism, L.L.C., Louisiana Spirit, L.L.C., and Louisiana Team Work, L.L.C. are reversed, and the plaintiffs are ordered to respond to the subpoenas duces tecum issued on them by the Louisiana Board of Ethics. REVERSED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/03cc1424.opn.pdf">2003-CC-1424 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; DAVY JONES, INDIVIDUALLY AND ON BEHALF OF HIS MINOR CHILDREN v. THE ESTATE OF ELIUD TONY SANTIAGO, ET AL.&nbsp;</a>(Parish of Vernon) For the foregoing reasons, we reverse the ruling of the trial court and enter summary judgment in favor of State Farm Fire &amp; Casualty Company. REVERSED AND RENDERED.JOHNSON, J., concurs.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/02k1889.pc.pdf">2002-K -1889 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. ADVANCED RECYCLING, INC., JAMES G. TRUMPS, AND ROBERT PARKER&nbsp;</a>(Parish of Lafayette) (Theft of Over $500; Filing or Maintaining False Public Records) Accordingly, the rulings of the courts below are reversed and this case is remanded to the district court for further proceedings consistent with the views expressed herein. JUDGMENT OF COURT OF APPEAL REVERSED; CASE REMANDED.&nbsp;<a href="/opinions/2004/03k0137.pc.pdf">2003-K -0137 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. LEVI JOSEPH GARRICK&nbsp;</a>(Parish of St. Landry) (Armed Robbery) The record thus shows that the trial court's denial of a mistrial or a postponement of the evidentiary portions of trial did not prejudice the defense or otherwise render the proceedings fundamentally unfair. The Third Circuit's decision is therefore reversed and this case is remanded to the court of appeal for consideration of the remaining assignments of error pretermitted on original hearing. DECISION OF THE COURT OF APPEAL REVERSED; CASE REMANDED.&nbsp;<a href="/opinions/2004/03k1313.pc.pdf">2003-K -1313 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. RONNIE L. FRANCOIS AND RICKY M. KEMP&nbsp;</a>(Parish of Orleans) (Possession of Heroin with Intent to Distribute) The decision of the court of appeal is therefore reversed and this case is remanded for consideration of the pro se assignments of error pretermitted on original appeal. DECISION OF THE COURT OF APPEAL REVERSED; CASE REMANDED.CALOGERO, C.J., dissents. The evidence of the crime for which defendant was convicted was insufficient. JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2004/03b2985.pc.pdf">2003-B- 2985 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JERRY JACKSON STAMPS AND IN RE: TERESA LYNN WITT-STAMPS</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 the names of Jerry Jackson Stamps, Louisiana Bar Roll No. 26521, and Teresa Lynn Witt-Stamps, Louisiana Bar Roll No. 26146, be stricken from the roll of attorneys and that their licenses to practice law in the State of Louisiana be revoked. All costs and expenses in the matter are assessed against respondents 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.KIMBALL, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2004/03b3345.pc.pdf">2003-B- 3345 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: HEYWARD G. JEFFERS, JR. </a>(Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, it is ordered that Heyward G. Jeffers, Jr., Louisiana Bar Roll No. 7245, be suspended from the practice of law for a period of one year. It is further ordered that all but six months of the suspension shall be deferred, subject to the condition that following the active portion of his suspension, respondent shall be placed on probation for a period of one year under the supervision of a practice monitor. Any misconduct during the probation period shall 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, &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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