May 5, 2009 - 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 #025</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;5th day of May, 2009, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2009/08C1392.opn.pdf">2008-C -1392 LOCAL NUMBER 1442, PROFESSIONAL FIREFIGHTER'S ASSOCIATION, ET AL. v. CITY OF CROWLEY</a>&nbsp;(Parish of Acadia)For the reasons assigned, judgment is rendered in favor of plaintiffs and against the City on plaintiffs' petition for declaratory judgment. Accordingly, it is ordered, adjudged and decreed that there be judgment declaring that the City must use the 33 1/3 % of the sales tax proceeds at issue only for salary increases for fire personnel as interpreted herein and for no other purpose. The judgment of the court of appeal affirming the trial court's judgment dismissing plaintiffs' petition for declaratory judgment is reversed. REVERSED.WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs in part, dissents in part, and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2009/08C2436.opn.pdf">2008-C -2436 KIMBERLY AND TODD THIBODEAUX, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILD, GABRIELLE THIBODEAUX v. JAMES DONNELL, M.D.&nbsp;</a>(Parish of Terrebonne)For the above reasons, we affirm the decision of the court of appeal, finding that Plaintiffs' medical malpractice suit was timely filed.VICTORY, J., dissents and assigns reasons. TRAYLOR, J., dissents for reasons assigned by Victory, J. and Guidry, J. GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2009/08OC2357.opn.pdf">2008-OC-2357 THE WILLOWS v. STATE OF LOUISIANA, DEPARTMENT OF HEALTH &amp; HOSPITALS</a>&nbsp;(Parish of E. Baton Rouge)For the reasons stated herein, the judgment of the court of appeal is affirmed.&nbsp; AFFIRMED.&nbsp;&nbsp;BY TRAYLOR, J.:<a href="/opinions/2009/2006KA2419.pdf">2006-KA-2419 STATE OF LOUISIANA v. JASON MANUEL REEVES</a>&nbsp;(Parish of Calcasieu) (First Degree Murder)Calogero, C.J., retired, recused. Chief Justice Calogero recused himself after oral argument and he has not participated in the deliberation of this case.For the reasons assigned herein, the defendant's conviction and 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 their 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.C.Cr.P. 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 Public Defender Board and provide the Board with reasonable time in which: (1) to enroll counsel to represent defendant in any state post-conviction proceedings, if appropriate, pursuant to its authority under La. R.S. 15:169; and (2) to litigate expeditiously the claims raised in that original application, if filed, in the state courts. AFFIRMED.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2009/08KK2106.opn.pdf">2008-KK-2106 STATE OF LOUISIANA v. RACHEL SHIRLEY</a>&nbsp;(Parish of Iberville) (Vehicular Homicide)For the foregoing reasons, the State's writ application is granted in part and denied in part. The trial court's ruling is reversed to the extent that it ordered suppressed the defendant's statements made at the scene of the vehicular accident to Officer Cody Casto. In all other respects, the State's writ application is denied. This case is remanded to the trial court for further proceedings in conformity with the views expressed in this opinion.&nbsp; AFFIRMED IN PART; REVERSED IN PART; CASE REMANDED TO THE TRIAL COURT.&nbsp;<a href="/opinions/2009/08KK2522.opn.pdf">2008-KK-2522 STATE OF LOUISIANA v. MIA W. SKINNER</a>&nbsp;(Parish of Natchitoches) (L.R.S. 40:971B(1)(i) - &ldquo;Doctor Shopping&rdquo;)The judgment of the lower courts are reversed. This case is remanded to the trial court for further proceedings consistent with the views expressed in this opinion.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2009/08C2223.opn.pdf">2008-C -2223 MONIQUE BOSSIERE DEJOIE v. THE HONORABLE LLOYD J. MEDLEY, JR., ET AL.</a>&nbsp;(Parish of Orleans)For the foregoing reasons, we reverse the ruling of the court of appeal and reinstate the judgment of the trial court granting the State's motion for summary judgment and dismissing plaintiff's suit.&nbsp; REVERSED. TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., dissents and assigns reasons. VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2009/08C1111.opn.pdf">2008-C -1111 ARSENIO ARIAS AND LORENA ARIAS v. STOLTHAVEN NEW ORLEANS, L.C.C., ABC INSURANCE COMPANY, STOLT-NIELSEN TRANSPORTATION GROUP, INC. A/K/A STOLT-NIELSEN S.A., DEF INSURANCE COMPANY, CERTIFIED COATING INC., GHI INSURANCE COMPANY, KENNETH R. HEBERT, ET AL</a>. (Parish of Orleans)For the foregoing reasons, we reverse the decision by the court of appeal and vacate the default judgment rendered and confirmed by the trial court in favor of Arsenio and Lorena Arias and against American Home Assurance Company. The matter is remanded to the trial court for further proceedings. COURT OF APPEAL JUDGMENT REVERSED; TRIAL COURT JUDGMENT VACATED; CASE REMANDED.&nbsp;<a href="/opinions/2009/08CA2340.opn.pdf">2008-CA-2340 VACUUM TRUCK CARRIERS OF LOUISIANA, INC. AND ITS MEMBER CARRIERS v. LOUISIANA PUBLIC SERVICE COMMISSION</a>&nbsp;(Parish of E. Baton Rouge)For the reasons expressed above, the judgment of the district court, rescinding the Commission's Order No. T-29541 granting Southern a common carrier certificate with limited and restricted authority, is reversed, and the Commission's order is reinstated. All costs of this appeal are assessed against the protestant, Vacuum Truck Carriers. REVERSED; ORDER NO. T-29541 REINSTATED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/04OB0542.opn.pdf">2004-OB-0542 IN RE: MARCIA DENISE JORDAN</a> (Committee on Bar Admissions)Calogero, C.J., participated in oral argument but did not participate in the deliberation of this case, having retired on December 31, 2008.Accordingly, it ordered that the application for admission be and hereby is denied.&nbsp; ADMISSION DENIED.&nbsp;<a href="/opinions/2009/06OB2387.opn.pdf">2006-OB-2387 IN RE: BRIAN D. FERGUSON</a> (Committee on Bar Admissions)Guidry, J., on panel; Calogero C. J., retired, recused.Accordingly, it is ordered that the application for admission be and hereby is denied. ADMISSION DENIED.JOHNSON, J., dissents and assigns reasons.&nbsp; KNOLL, J., dissents with reasons. WEIMER, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2009/08K0606.opn.pdf">2008-K -0606 STATE OF LOUISIANA v. RYAN O'NEAL WOODARD</a>&nbsp;(Parish of Terrebonne) (Possession of a Firearm by a Convicted Felon)Accordingly, the decision of the court of appeal is reversed, defendant's conviction and sentence are reinstated, and this case is remanded to the district court for execution of sentence. DECISION OF COURT OF APPEAL REVERSED; DEFENDANT'S CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2009/2008B2513.opn.pdf">2008-B -2513 IN RE: RICHARD J. GARRETT</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 Richard J. Garrett, Louisiana Bar Roll number 5946, 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.&nbsp;<a href="/opinions/2009/08B2621.opn.pdf">2008-B -2621 IN RE: E. ERIC GUIRARD &amp; THOMAS R. PITTENGER</a> (Disciplinary Proceedings)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Associate Justice Chet D. Traylor, recused.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 E. Eric Guirard, also known as Eric J. Guirard, Louisiana Bar Roll number 18242, 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. It is further ordered that Thomas R. Pittenger, Louisiana Bar Roll Number 21819, 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 respondents 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/2009/08B2878.opn.pdf">2008-B -2878 IN RE: DOUGLAS H. GREENBURG AND ANTHONY P. LEWIS</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 Douglas H. Greenburg, Louisiana Bar Roll number 2235, be and he hereby is suspended from the practice of law for six months. It is further ordered that all but thirty days of the suspension shall be deferred, subject to the conditions set forth in this opinion. It is further ordered that Anthony P. Lewis, Louisiana Bar Roll number 17318, be and he hereby is publicly reprimanded. All costs and expenses in the matter are assessed against respondents 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.TRAYLOR, J., concurs in part and dissents in part and assigns reasons.&nbsp;
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