January 17, 2007 - Opinions - Louisiana Supreme Court

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January 17, 2007 
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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 #003</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;The Opinions handed down on the&nbsp;17th day of January, 2007, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2007/06K0255.opn.pdf">2006-K -0255 STATE OF LOUISIANA v. CALVIN LINDSEY</a>&nbsp;(Parish of Iberville) Accordingly, we reverse the judgment of the court of appeal andreinstate defendant's conviction and sentence. The case is remanded to the court of appeal for consideration of defendant's remainingassignment of error. REVERSED. CONVICTION AND SENTENCE REINSTATED. REMANDED TO THE COURT OF APPEAL FOR CONSIDERATION OF THE REMAINING ASSIGNMENT OF ERROR.JOHNSON, J., dissents.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/05C1263.opn.pdf">2005-C -1263 MICHELLE DETRAZ v. VICTOR LEE D/B/A VIRGIN NAILS</a>&nbsp;(Parish of Lafayette) For the reasons stated herein, the judgment of the court of appeal is reversed and the case is remanded to the court of appeal to consider the plaintiff's remaining assignments of error. REVERSED AND REMANDED.JOHNSON, J., dissents and assigns reasons. VICTORY, J., additionally concurs with reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2007/06C1104.opn.pdf">2006-C -1104 TONYA A. COLVIN v. LOUISIANA PATIENT&rsquo;S COMPENSATION FUND OVERSIGHT BOARD CONSOLIDATED WITH THOMAS MILLER, ET AL. v. LOUISIANA PATIENT&rsquo;S COMPENSATION FUND OVERSIGHT BOARD</a>&nbsp;(Parish of Bossier) For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court&rsquo;s judgment is reinstated. REVERSED. CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., concurs in result only. KNOLL, J., concurs in result only.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/05ka1825.opn.pdf">2005-KA-1825 STATE OF LOUISIANA v. DARRELL D. DRAUGHN</a>&nbsp;(Parish of Caddo) For the reasons assigned herein, the defendant's conviction and 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 their 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 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 KNOLL, J.:<a href="/opinions/2007/06ca1899.opn.pdf">2006-CA-1899 EAGLE WATER, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION</a>&nbsp;(Parish of E. Baton Rouge) Accordingly, this matter is remanded to the Commission to determine the appropriate rate increase sought in the application of Eagle Water, Inc. AFFIRMED, IN PART; REVERSED, IN PART; AND REMANDED TO THE LOUISIANA PUBLIC SERVICE COMMISSION.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06B1580.opn.pdf">2006-B- 1580 IN RE: ROBERT J. SHORTESS, JR..</a> 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 name of Robert Joseph Shortess, Jr., Louisiana Bar Roll No. 22618, be stricken from the roll of attorneys and that his 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. Respondent is ordered to make restitution to his victims and to repay to the Louisiana State Bar Association's Client Assistance Fund any amounts paid to claimants on his behalf. 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;
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