January 26, 2007 - 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 #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;The Opinions handed down on the&nbsp;26th day of January, 2007, are as follows:&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/06O2361.pdf">2006-O -2361 IN RE: JUDGE WENDELL R. MILLER</a> (Judiciary Commission of Louisiana) For the foregoing reasons, we order that Judge Wendell R. Miller of the 31st Judicial District Court, Parish of Jefferson Davis, is hereby removed from office, and that his office is hereby declared vacant. Further, respondent is ordered pursuant to La. Sup. Ct. Rule XXIII, &sect; 26 to refrain from qualifying as a candidate for judicial office for five years and until certified by this Court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup. Ct. RuleXXIII, &sect; 22, we cast respondent with costs incurred in the investigation and prosecution of this proceeding in the amount of $941.75.&nbsp; REMOVAL FROM JUDICIAL OFFICE ORDERED.CALOGERO, C.J., concurs in the result and assigns reasons. VICTORY, J., concurs in the result and concurs in the reasons assigned by Weimer, J. KNOLL, J., dissents and assigns reasons. WEIMER, J., dissents in part, concurs in the result &amp; assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/06KP62223KP2226.pdf">2006-KP-2223 &nbsp; STATE OF LOUISIANA v. WESLEY DICK (Parish of St. Tammany) (Distribution of Heroin) C/W 2006-KP-2226 STATE OF LOUISIANA v. MELVIN SMITH (Parish of Orleans) (Possession With Intent to Distribute Heroin)</a> Accordingly, the judgment of the First Circuit Court of Appeal isaffirmed. The State v. Dick matter is remanded to the district court for execution of the original sentence, in accordance with the court of appeal's ruling. The appellate court decision in State v. Smith is reversed; defendant's original sentence of life imprisonment at hard labor without benefit of probation or suspension of sentence isreinstated and the case is remanded to the district court for execution of sentence.06-KP-2223 AFFIRMED.06-KK-2226 REVERSED AND REMANDED.CALOGERO, C.J., concurs in the result and assigns reasons. JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., concurs in the result and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06B1971.pdf">2006-B -1971 IN RE: JAMES WALLACE SPRADLING, II&nbsp;</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 name of James Wallace Spradling, II, Louisiana Bar Roll No. 22161, 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. 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.CALOGERO, C.J., concurs in part and dissents in part. KNOLL, J., dissents and would impose disbarment only.&nbsp;
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