January 16, 2008 - Opinions - Louisiana Supreme Court

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January 16, 2008 
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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 #005</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 January, 2008, are as follows:&nbsp;BY CALOGERO, C.J.:<a href="/opinions/2008/07C1087.opn.pdf">2007-C -1087 C/W 2007-C -1202 DOUG WELBORN, IN HIS OFFICIAL CAPACITY AS CLERK OF COURT FOR EAST BATON ROUGE PARISH v. THE 19TH JUDICIAL DISTRICT COURT AND THE EAST BATON ROUGE PARISH FAMILY COURT</a>&nbsp;(Parish of E. Baton Rouge) The judgment of the Court of Appeal is affirmed in part, and reversed in part. The East Baton Rouge Parish Family Court, and not the Nineteenth Judicial District Court, is the court with exclusive jurisdiction to hear claims brought by "household members" or "dating partners" under the "Protection from Family Violence Act" and the "Protection from Dating Violence Act," respectively. AFFIRMED IN PART, REVERSED IN PART; DECREE ENTERED.TRAYLOR, J., dissents with reasons.&nbsp;&nbsp;BY KIMBALL, J.:<a href="/opinions/2008/06k2595.opn.pdf">2006-K -2595 STATE OF LOUISIANA v. LEON D. FUSSELL</a>&nbsp;(Parish of Lasalle) (Aggravated Rape; Possession of Pornography Involving Juveniles - 16 Counts) Based on the foregoing, we now determine the following: (1) The Court of Appeal's reduction of Defendant's sixteen convictions under La. R.S. 14:81.1(A)(3) for the intentional possession of pornography involving juveniles to a single conviction is reversed and the trial court's sixteen separate convictions are reinstated; and (2) the case is remanded to the trial court for resentencing on all seventeen convictions. REVERSED IN PART AND REINSTATED, AND REMANDED FOR RESENTENCINGCALOGERO, C.J., concurs. TRAYLOR, J., concurs.&nbsp;<a href="/opinions/2008/07c1352.opn.pdf">2007-C -1352 NORA MILLER, ET VIR v. LAMMICO, ET AL.</a>&nbsp;(Parish of Calcasieu)Accordingly, we reverse that part of the Court of Appeal judgment amending the trial court's judgment to reflect a reduction of the damage award to the statutory cap prior to allocation of comparative fault, reinstate the trial court's judgment as to calculation of damages, and affirm that part of the Court of Appeal's judgment affirming the jury's damage award. REVERSED IN PART, AFFIRMED IN PARTVICTORY, J., concurs in the result.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2008/06k1537.opn.pdf">2006-K-1537 STATE OF LOUISIANA v. TIMOTHY E. ROBERTSON</a>&nbsp;(Parish of Grant) (Creation or Operation of a Clandestine Laboratory for the Unlawful Manufacture of a Controlled Dangerous Substance) For the reasons stated herein, we affirm the decision of the court of appeal in part, reverse in part, and enter a verdict of guilty of the offense of violation of La. R.S. 40:983, "Creation and Operation of a Clandestine Laboratory for the Unlawful Manufacture of CDS II, to-wit, Methamphetamine." This case is remanded to the trial court for sentencing in accordance with La.R.S. 40:982. Affirmed in Part, Reversed in Part, and Remanded to the Trial Court.CALOGERO, C.J., dissents and assigns reasons. JOHNSON, J., concurs.&nbsp;<a href="/opinions/2008/06KA1807.opn.pdf">2006-KA-1807 STATE OF LOUISIANA v. JESSE JAY MONTEJO</a>&nbsp;(Parish of St. Tammany) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death 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 its 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. Code Crim. Proc. 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 the 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 TRAYLOR, J.:<a href="/opinions/2008/07C1151.opn.pdf">2007-C -1151 INTERNATIONAL PAPER, INC.v. CYNTHIA BRIDGES, SECRETARY DEPARTMENT OF REVENUE, STATE OF LOUISIANA</a>&nbsp;(Parish of Morehouse) Accordingly, for the foregoing reasons, the appellate court's decision is reversed, and the Board's decision is reinstated. REVERSED; DECISION OF BOARD REINSTATED&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2008/05KA2098.opn.pdf">2005-KA-2098 STATE OF LOUISIANA v. DERRICK TODD LEE</a>&nbsp;(Parish of E. Baton Rouge) (First Degree Murder) For the reasons assigned herein, the defendant's conviction and death sentence are affirmed. 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 its prevailing rules, for rehearing of denial of certiorari; or (b) that Court denies his petition for rehearing, the trial court shall, upon receiving notice from thisCourt under LA. CODE CRIM. PROC. ANN. art. 923 of finality of direct appeal, and before signing the warrant of execution, as provided by LA. REV. STAT. ANN. &sect; 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 the defendant in any State post-conviction proceedings, if appropriate, pursuant to its authority under LA. REV. STAT. ANN. &sect; 15:149.1; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts. AFFIRMED.JOHNSON, J., concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2008/06c2001.opn.pdf">2006-C -2001 C/W 2006-C -2164 JOHN AND KLEA HEBERT v. RAPIDES PARISH POLICE JURY, ET AL.</a>&nbsp;(Parish of Rapides) We affirm the amount of the damage award rendered by the court of appeal, subject to the award against the Rapides Parish Police Jury being limited to 40 percent, as found by the district court. We remand this matter to the district court for a determination of a specific amount of court costs to be paid by the Rapides Parish Police Jury, and for a judgment expressing the award of costs in a dollar amount. See LSA-R.S. 13:5112(A). AFFIRMED; REMANDED WITH INSTRUCTIONS.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2008/07b1616.pc.pdf">2007-B -1616 IN RE: CARDELL A. THOMAS</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 the name of Cardell A. Thomas, Louisiana Bar Roll number 1148, 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.JOHNSON, J., dissents and assigns reasons.&nbsp;
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