June 29, 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 #042</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;29th day of June, 2007, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2007/05K1617.opn.pdf">2005-K -1617 STATE OF LOUISIANA v. JENNIFER COLEMAN</a>&nbsp;(Parish of Lafourche) (Aggravated Second Degree Battery and Second Degree Kidnapping) Accordingly, we vacate the appellate court's decision, which reversed the defendant's convictions for aggravated second degree battery and second degree kidnapping, and we remand the case to the court of appeal for consideration of the defendant's remaining assignment of error. DECISION VACATED AND CASE REMANDED TO THE COURT OF APPEAL. Retired Judge Fred C. Sexton sitting ad hoc for Associate Justice John L. Weimer, recused.JOHNSON, J., concurs.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2007/07O0426.opn.pdf">2007-O -0426 IN RE: JUSTICE OF THE PEACE ROGER ADAMS, SR.</a> (Judiciary Commission of Louisiana) For the aforementioned reasons, this court finds Justice of the Peace Adams' conduct violated Canons 2A and 2B of the Code of Judicial Conduct. Accordingly, we order Justice of the Peace Adams be suspended without pay for fifteen days and ordered to reimburse and pay the Judiciary Commission the amount of $52.50 in costs.Retired Judge Moon Landrieu, assigned as Associate Justice Ad Hoc for Associate Justice Jeannette Theriot Knoll, recused.JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Johnson, J.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2007/07O0651.opn.pdf">2007-O -0651 IN RE: JUDGE MARTHA SASSONE&nbsp;</a> (Judiciary Commission Of Louisiana) For the reasons stated herein, it is ordered that Judge Martha Sassone of the 24th Judicial District Court for the Parish of Jefferson, State of Louisiana, be suspended from judicial office for sixty (60) days without pay. It is further ordered that Judge Sassone be ordered to reimburse and pay to the Judiciary Commission costs in the amount of $2,247.17 incurred in the investigation and prosecution of her case, pursuant to Supreme Court Rule XXIII, Section 22.VICTORY, J., concurs in part and dissents in part for reasons assigned&nbsp; by Weimer, J. KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/07CA0399.opn.pdf">2007-CA-0399 WASHINGTON ST. TAMMANY ELECTRIC COOPERATIVE, INC. v. LOUISIANA PUBLIC SERVICE COMMISSION&nbsp;</a>(Parish of E. Baton Rouge) For the reasons stated herein, the judgment of the district court is affirmed. AFFIRMED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/07CC0127.opn.pdf">2007-CC-0127 RICHARD BLEVINS v. HAMILTON MEDICAL CENTER, INC. D/B/A SOUTHWEST MEDICAL CENTER-LAFAYETTE</a>&nbsp;(Parish of Lafayette) For the foregoing reasons, we reverse the judgment of the court of appeal and reinstate the judgment of the district court. REVERSED AND REINSTATED.VICTORY, J., dissents for the reasons assigned by Weimer, J. WEIMER, J., dissents and assigns reasons.&nbsp; BY WEIMER, J.:<a href="/opinions/2007/05KA1826.opn.pdf">2005-KA-1826 STATE OF LOUISIANA v. SHON D. MILLER, SR.&nbsp;</a>(Parish of Ascension) (First Degree Murder) Finding the pre-trial rulings of the trial court denied defendant his constitutional right to have the jury decide whether he was not guilty by reason of insanity, we reverse the conviction and sentence and remand this matter for a new trial. CONVICTION AND SENTENCE REVERSED; CASE REMANDED.JOHNSON, J., concurs in result.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06OB1408.pc.pdf">2006-OB-1408 IN RE: THOMAS S. EDWARDS</a> (Bar Admissions) Accordingly, it is ordered that the application for admission be and hereby is denied.&nbsp;<a href="/opinions/2007/06K1703.pc.pdf">2006-K -1703 STATE OF LOUISIANA v. CALVIN WARE</a>&nbsp;(Parish of Evangeline) (Attempted Forcible Rape) Accordingly, the decision below is reversed, defendant's conviction and sentence are reinstated, and this case is remanded for purposes of execution of sentence. DECISION OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED. <a href="/opinions/2007/06K1984.pc.pdf">2006-K -1984	STATE OF LOUISIANA v. DEXTER LEON DAVIS</a>&nbsp;(Parish of East Carroll) (Resisting an Officer) Accordingly, we recall our order of March 30, 2007, as improvidently granted, and we deny defendant&rsquo;s writ application.CALOGERO, C.J., dissents from recall of the writ and assigns reasons. WEIMER, J., dissents. I would not recall the writ in this matter.&nbsp;<a href="/opinions/2007/06C2862.pc.pdf">2006-C -2862	S.J. INDIVIDUALLY AND ON BEHALF OF HER MINOR DAUGHTER, C.C. v. LAFAYETTE PARISH SCHOOL BOARD, ET AL.&nbsp;</a>(Parish of Lafayette) The judgment of the district court granting summary judgment in favor of defendant is reversed. The case is remanded to the district court for further proceedings.&rsquo;KIMBALL, J., concurs for reasons assigned by Weimer, J. JOHNSON, J., concurs and assigns reasons. VICTORY, J., dissents. TRAYLOR, J., concurs for reasons assigned by Weimer, J. KNOLL, J., dissents and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2007/07B0070.pc.pdf">2007-B -0070 IN RE: JOSEPH H. SIMPSON</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 Joseph H. Simpson, Louisiana Bar Roll number 8259, be and he hereby is suspended from the practice of law for three years. It is further ordered that all but one year and one day of the suspension shall be deferred, subject to the conditions set forth in this opinion. 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/2007/07B0349.pc.pdf">2007-B -0349 IN RE: STEPHEN K. PETERS</a> (Disciplinary Proceedings) Upon review of the findings and recommendations of the hearing committee and the disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Stephen King Peters, Louisiana Bar Roll number 10471, be and he hereby is suspended from the practice of law for a period of three years. Respondent is ordered to furnish complete accountings and full restitution of all unearned legal fees to his clients subject of the formal charges. 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.KIMBALL, J., dissents and would disbar respondent. VICTORY, J., dissents and would disbar respondent. KNOLL, J., dissents and assigns reasons.&nbsp;
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