November 2, 2007 - Opinions - Louisiana Supreme Court

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November 2, 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 #071</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;2nd day of November, 2007, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2007/06KA0518.opn.bjj.pdf">2006-KA-0518 STATE OF LOUISIANA v. ROBERT GLEN COLEMAN</a>&nbsp;(Parish of Caddo) (First Degree Murder) For the reasons assigned herein, we reverse the defendant's conviction and death sentence, and remand for a new trial. REVERSED AND REMANDED FOR NEW TRIAL.VICTORY, J., dissents for the reasons assigned by Justice Knoll. TRAYLOR, J., dissents for reasons assigned by Knoll, J. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2007/07KP0691.opn.pc.pdf">2007-KP- 0691 STATE OF LOUISIANA v. JASON MATTHIS</a>&nbsp;(Parish of Orleans) (Second Degree Murder) Accordingly, the judgments below are reversed, respondent's conviction and sentence for second degree murder are reinstated, and this case isremanded to the district court for purposes of taking respondent into custody and remanding him to the penitentiary to serve the remainder of his life term. RULINGS BELOW REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED FOR EXECUTION OF SENTENCE.Judge Fred C. Sexton sitting ad hoc for Pascal F. Calogero, C.J., recused.&nbsp;
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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 #071</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;9th day of September, 2004, are as follows:&nbsp;BY KIMBALL, J.:<a href="/opinions/2004/03c3491.opn.pdf">2003-C-3491 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; MAROLYN W. BRYANT v. UNITED SERVICES AUTOMOBILE ASSOCIATION AND ROBERTNIQUE W. WILLIAMS&nbsp;</a> (Parish of Jackson) <a href="/opinions/2004/03c3491.opn.pdf"> C/W&nbsp; 2004-C-0028 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; VIRGINIA McCRAY v. GENO WESLEY JENKINS, MAURICE JENKINS AND ALLSTATE INSURANCE COMPANY&nbsp;</a> (Parish of Jefferson) For the foregoing reasons, we reverse the judgments of the lower courts granting summary judgment in favor of plaintiff, Marolyn Bryant. The Bryant case is remanded to the district court with instructions for it to conduct further proceedings consistent with this opinion. The judgment of the court of appeal in the McCray case is affirmed. 03-C-3491: Reversed and Remanded. 04-C-0028: Affirmed.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2004/03kk2592.opn.pdf">2003-KK-2592 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; STATE OF LOUISIANA v. JULIAN CHRISTIAN LONG</a> (Parish of E. Baton Rouge) (Possession With Intent to Distribute Marijuana; Possession of a Firearm With a Controlled Dangerous Substance) For the reasons stated herein, the judgment of the court of appeal is affirmed and the case is remanded to the trial court for further proceedings in accordance with this opinion. AFFIRMED and REMANDED.Judge James C. Gulotta, retired, sitting for Associate Justice Chet D. Traylor, recused.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., dissents. WEIMER, J., concurs and assigns reasons. GULOTTA, J., ad hoc, concurs in part and dissents in part and assigns reasons.&nbsp;&nbsp;BY TRAYLOR, J.: <a href="/opinions/2004/03c3444.opn.pdf">2003-C-3444 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; DIANNE TURNER, AS NATURAL TUTRIX OF THE MINOR CHILD, CIETRA JENAL STROUGHTER (ONTERIO MCWRIGHT) v. THOMAS R. BUSBY&nbsp;AND ZURICH AMERICAN INSURANCE COMPANY</a> (Parish of Tensas) Accordingly, we affirm the lower courts and hold that the plaintiff, who was formally acknowledged as an illegitimate child, is not a child for the purposes of a wrongful death and survival action where he is not the biological child of the decedent. AFFIRMED.&nbsp; CALOGERO, C.J., dissents and assigns reasons. KIMBALL, J., dissents and assigns reasons. JOHNSON, J., dissents and assigns reasons. VICTORY, J., concurs. WEIMER, J., additionally concurs and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2004/03b2499.pc.pdf">2003-B-2499 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: DONALD A. HOFFMAN </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 Donald A. Hoffman, Louisiana Bar Roll number 6894, be suspended from the practice of law for a period of three months. It is further ordered that the suspension shall be deferred in its entirety, subject to the condition that any misconduct by respondent during a one-year period following the date of finality of this court's judgment may be grounds for making the deferred suspension executory, or imposing additional discipline, as appropriate. All costs and expenses in the matter are assesed 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.VICTORY, J., dissents. KNOLL, J., concurs in part and dissents in part for reasons assigned by Justice Weimer. WEIMER, J., concurs in part and dissents in part and assigns reasons.&nbsp;<a href="/opinions/2004/04b0011.pc.pdf">2004-B-0011 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp; IN RE: ANN B. STEINHARDT </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 Ann B. Steinhardt, Louisiana Bar Roll number 12437, be suspended from the practice of law for a period of three years. Two years of this suspension shall be deferred. Following the completion of the active portion of her suspension, respondent shall be placed on supervised probation for a period of two years, during which she shall fully and completely adhere to all terms of the recovery agreement that she executed with the Lawyers Assistance Program, and such other conditions as may be imposed upon her by the Lawyers Assistance Program. Any violation of this condition 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.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents and assigns reasons.&nbsp;&nbsp;</div>
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