May 25, 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 #047</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 May, 2004, are as follows:&nbsp;BY CALOGERO, C.J.: <a href="/opinions/2004/03KA3015.opn.pdf">2003-KA-3015 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. PARRELL MERCADEL&nbsp;</a>(Parish of Orleans) (First Degree Murder) The district court judgment declaring the specified articles of the Louisiana Code of Criminal Procedure and specified portions of Title 15 of the Louisiana Revised Statutes related to grand jury process in New Orleans unconstitutional, and quashing defendant's indictment, is reversed. The case is remanded to the district court for further proceedings consistent with this opinion. REVERSED; REMANDED TO DISTRICT COURT.&nbsp; BY VICTORY, J.:<a href="/opinions/2004/03C0492.opn.pdf">2003-C -0492 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; C/W 2003-C -0502 JOSEPH BUJOL, III, ET AL. v. ENTERGYSERVICES, INC., ET AL. C/W DON A. PERKINS, ET AL. v. ENTERGY SERVICES INC., ET AL.</a>&nbsp;(Parish of Iberville) For the foregoing reasons, the judgment of the court of appeal is reversed, and plaintiffs' cases are dismissed with prejudice at their costs. REVERSED; CASES DISMISSED.Retired Judge Phillip C. Ciaccio, assigned as Associate Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.JOHNSON, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2004/03K1834.opn.pdf">2003-K -1834 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. JAMES TAYLOR</a>&nbsp;(Parish of Orleans) (Second Degree Murder) For the reasons stated herein, the judgment of the court of appeal is reversed and defendant's conviction and sentence are reinstated. REVERSED; CONVICTION AND SENTENCE REINSTATED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2004/03C2495.opn.pdf">2003-C -2495 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; SYLVIA GREEN v. K-MART CORPORATION, ET AL.</a> (Parish of Iberia) For the foregoing reasons, the ruling of the court of appeal is affirmed in part and reversed in part. We remand this matter to the trial court for further proceedings consistent with this opinion. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.&nbsp;<a href="/opinions/2004/04O0319.opn.pdf">2004-O -0319 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: MONTY L. DOGGETT</a> (Judiciary Commission of Louisiana) Accordingly, it is decreed that respondent, Judge Monty L. Doggett of the 10th Judicial District Court, Parish of Natchitoches, is hereby removed from office; and that his office is hereby declared vacant. Respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, Section 26 to refrain from qualifiying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Further, pursuant to La. Sup. Ct. Rule XXIII, Section 22, we cast respondent with costs incurred in the investigation and prosecution of this proceeding in the amount of $5312.65.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2004/02KP2793.opn.pdf">2002-KP-2793 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; C/W 2003-KP-2796 STATE OF LOUISIANA v. DAN BRIGHT</a> (Parish of Orleans) (First Degree Murder)&nbsp; This conviction, based on the facts of this case which include a failure to disclose what the State now admits is significant impeachment evidence, is not worthy of confidence and thus must be reversed. WRIT GRANTED; CONVICTION AND SENTENCE VACATED; CASE REMANDED FOR NEW TRIAL.&nbsp;<a href="/opinions/2004/03K2991.opn.pdf">2003-K -2991 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. MUSTAFA H. MUHAMMAD</a> (Parish of Jefferson) (Access Device Fraud, 17 Counts; Multiple Felony Offender)&nbsp; For the foregoing reasons, we overrule State ex. rel. Williams v. Henderson, 289 So.2d 74 (La. 1974), to the extent it establishes a bright line rule, and State ex. rel. Glynn v. Blackburn, 485 So.2d 926 (La. 1986); we reverse the ruling of the court of appeal in State v. Muhammad, 03-419 (La. App. 5 Cir. 9/30/03), 857 So.2d 1223, reinstate defendant's adjudication and life sentence as a fourth felony offender, and remand to the court of appeal for consideration of the other issues raised by defendant on appeal. REVERSED AND REMANDED.CALOGERO, C.J., concurs and assigns reasons. JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2004/03CC2748.pc.pdf">2003-CC-2748 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; EDWARD SCOTT, JR. v. POOLE'S CLASSIC TRAVELS, INC., ET AL.</a>&nbsp;(Parish of Orleans) For the reasons assigned, the judgment of the district court granting the motion in limine filed by plaintiff, Edward Scott, Jr., is hereby reversed. The case is remanded to the district court for further proceedings. All costs in this court are assessed against plaintiff.KIMBALL, J., dissents for reasons assigned by Knoll, J. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2004/03B3138.pc.pdf">2003-B -3138 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: JACQUELINE CARR</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 the name of Jacqueline Carr, Louisiana Bar Roll number 3875, be stricken from the roll of attorneys and that her license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect;24 (A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. 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/2004/04B0079.pc.pdf">2004-B -0079 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: BARRY J. FONTENOT</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 Barry J. Fontenot, Louisiana Bar Roll number 21279, be suspended from the practice of law for a period of nine months. All but three months of this suspension shall be deferred. Following the completion of the active portion of his suspension, respondent shall be placed on probation for a period of eighteen months subject to the conditions recommended by the hearing committee, as modified by the disciplinary board. Any violation of these conditions or any other misconduct during the probationary period 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;&nbsp;</div>
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