October 16, 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 #064</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;16th day of October, 2007, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2007/07c0290.pdf">2007-C -0290 INTERNATIONAL PAPER COMPANY, INC. v. SHERIFF WILLIAM EARL HILTON, ET AL.</a>&nbsp;(Parish of Rapides) Accordingly, we hold that the court of appeal correctly found that in this instance, the inclusion of International Paper's industrial area and subsequent taxation of International Paper by Ward 9 Recreation District is proper. AFFIRMED.Retired Judge Moon Landrieu, assigned as Associate Justice Ad Hoc., sitting for Associate Justice Jeannette T. Knoll, recused.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2007/07cc0177.pdf">2007-CC-0177 JENNIFER DEVALL COPELAND v. ALVIN C. COPELAND</a>&nbsp;(Parish of St. Tammany) For the reasons stated herein, the judgment of the trial court is reversed and the case is remanded for further proceedings in accordance with this ruling. REVERSED AND REMANDED.JOHNSON, J., concurs and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2007/07c0478.pdf">2007-C -0478 CARLENE T. KINCHEN v. THE LIVINGSTON PARISH COUNCIL, ET AL.</a>&nbsp; (Parish of Livingston) For the foregoing reasons, the decisions of the lower courts are reversed. The matter is remanded to the trial court for disposition in accordance with this decision. REVERSED AND REMANDED.KIMBALL, J., concurs in result. JOHNSON, J., concurs in result.&nbsp;<a href="/opinions/2007/06k2175.pdf">2006-K -2175 STATE OF LOUISIANA v. MONOLO ANTON BAKER</a>&nbsp;(Parish of Caddo) (Possession of a Firearm by a Convicted Felon)&nbsp; We find that a sentence imposed under La. R.S. 14:95.1 may be enhanced under the habitual offender law, as long as the prior felony conviction used as an element in the firearm conviction is not also used as a prior felony conviction in the multiple offender bill of information. To the extent that cases state to the contrary, including State v. Sanders, 337 So.2nd 1131 (La. 1976) and State v. Firmin, 354 So.2nd 1355 (La. 1978), they are overruled.&nbsp; AFFIRMED.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2007/07kk0476.pdf">2007-KK-0476 STATE OF LOUISIANA v. HARRY BOYER</a>&nbsp;(Parish of Lafourche) (Possession of Cocaine and Prohibited Drug Paraphernalia) The judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. This case is remanded to the trial court for further proceedings consistent with the views expressed in this opinion. REVERSED and REMANDED.Retired Judge Philip C. Ciaccio assigned as Associate Justice ad hoc, sitting for Associate Justice John L. Weimer, recused.JOHNSON, J., dissents and assigns reasons. TRAYLOR, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2007/06K1903.pdf">2006-K -1903 STATE OF LOUISIANA v. JACK KING</a>&nbsp;(Parish of Caddo)&nbsp; (Armed Robbery With a Firearm; Habitual Offender) For the forgoing reasons, defendant's sentence of 203 years is amended to reflect that 198 years are to be served at hard labor followed by an additional five-year term to be served consecutively. The ruling of the court of appeal is vacated. Defendant's sentence is reinstated as amended by this court. COURT OF APPEAL DECISION VACATED; SENTENCE AS AMENDED, REINSTATED.JOHNSON, J., concurs.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/06kp1730.pdf">2006-KP-1730 CITY OF LAFAYETTE v. DARRELL D. DESORMEAUX</a>&nbsp;(Parish of Lafayette) (Resisting an Officer) Accordingly, the judgment of the court of appeal is reversed as to defendant, his conviction and sentence are reinstated, and this case is remanded to the city court for purposes of rendering that sentence executory.&nbsp; COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2007/07b1049.pdf">2007-B -1049 IN RE: DAVID H. BERNSTEIN</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 David H. Bernstein, Louisiana BarRoll No. 1711, be and he hereby is disbarred. His name shall be stricken from the roll of attorneys and his license to practice law in the State of Louisiana shall be revoked. 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.KNOLL, J., concurs in part and dissents in part and assigns reasons.&nbsp;
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