October 20, 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 #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;20th day of October, 2009, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2009/08CC2869.bjj.opn.pdf">2008-CC-2869 MELVIN LEBLANC, NAOMI FAULKIN, LUCILLE MOORE, RONALD NEWMAN, DELILAH HALL, MARLENE DUMAS, AND BETTY WASHINGTON v. DWAYNE THOMAS, CHIEF EXECUTIVE OFFICER, MEDICAL CENTER OF LOUISIANA AT NEW ORLEANS, DR. LARRY HOLLIER, CHANCELLOR, LSU HEALTH SCIENCE CENTER-NEW ORLEANS, LSU HEALTH SCIENCE CENTER-NEW ORLEANS, AND DR. MICHAEL K. BUTLER, ACTING CHIEF EXECUTIVE OFFICER, LSU HEALTH CARE SERIVCES DIVISION</a>&nbsp;(Parish of Orleans)Retired Judge Philip Ciaccio, assigned ad hoc, sitting for Justice Chet D. Traylor.Accordingly, we find that East Baton Rouge Parish is the proper venue for a suit against a state agency where an administrative decision is involved. For the foregoing reasons, we reverse the court of appeal and grant the Defendants&rsquo; Exception of Improper Venue. This action is transferred to East Baton Rouge Parish. REVERSED AND RENDERED.&nbsp;<a href="/opinions/2009/09C0449.09C0469.bjj.opn.pdf">2009-C -0449 C/W 2009-C -0469 KERN BROUSSARD v. HILCORP ENERGY COMPANY, BETA OPERATING COMPANY, LLC, CHEVRON U.S.A., INC., TEXAS PETROLEUM INVESTMENT COMPANY, CONOCOPHILLIPS, UNION OIL COMPANY OF CALIFORNIA, SWIFT ENERGY COMPANY, PACIFIC ENTERPRISES OIL COMPANY (USA), K-EXPLORATION CO., SANDOZ &amp; ASSOCIATES, INC., J.O. EASLEY, INC., WINSTON L. STOKES, STATE OF LOUISIANA</a>&nbsp;(Parish of Vermilion)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the foregoing reasons, we find that the written notice requirement, and delay for performance, required by Mineral Code article 136 are not applicable to the Plaintiffs&rsquo; claims. Plaintiffs have not alleged that defendants failed to develop and operate the property as a reasonably prudent operator as contemplated by Articles 122 and 136 of the Mineral Code. Thus, Plaintiffs were not required to provide defendants with pre-suit notice and an opportunity to perform prior to filing suit. AFFIRMED AND REMANDED TO THE TRIAL COURT FOR FURTHER PROCEEDINGS.GUIDRY, J., dissents with reasons. WEIMER, J., dissents and assigns reasons. VICTORY, J., dissents for the reasons assigned by Justice Weimer&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2009/09C0520.jlw.opn.pdf">2009-C -0520 MARVIN W. BUXTON v. IOWA POLICE DEPARTMENT</a>&nbsp;(Office of Workers&rsquo; Compensation, District 03)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.Accordingly, we reverse the judgment in favor of Marvin W. Buxton in its entirety.&nbsp; REVERSED.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2009/07KA1407.ggg.opn.pdf">2007-KA-1407 STATE OF LOUISIANA v. SHEDRAN WILLIAMS</a>&nbsp;(Parish of E. Baton Rouge) (First Degree Murder)Retired Judge Philip C. Ciaccio, assigned as Judge ad hoc, sitting for Justice Chet D. Traylor.For the reasons assigned herein, the defendant&rsquo;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 this Court under La. Code Crim. Proc. Art. 923 of finality of direct appeal, and before issuing the warrant of execution, as provided by La. Rev. Stat. &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. &sect; 15:147; and (2) to litigate expeditiously the claims raised in that application if filed in the state courts. AFFIRMED.&nbsp;<a href="/opinions/2009/09C0669.ggg.opn.pdf">2009-C -0669 RANDY FONTENOT, ET AL. v. PATTERSON INSURANCE, ET AL. C/W GERMAINE BROOKS, ET AL. v. CITY OF LAFAYETTE, ET AL.</a>&nbsp;(Parish of Lafayette)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.For the reasons stated herein, we reverse the court of appeal&rsquo;s judgment as to the allocation of liability and assessment of damages and costs and reinstate the jury&rsquo;s verdict. REVERSED.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2009/07K2028.pc.opn.pdf">2007-K -2028 STATE OF LOUISIANA v. RYAN MARIE SMITH</a>&nbsp;(Parish of Caddo)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.The decision of the court of appeal is therefore reversed, defendant's conviction and sentence for armed robbery are reinstated, and this case is remanded to the district court for purposes of execution of sentence.JOHNSON, J., dissents and assigns reasons. JONES, J., dissents for reasons assigned by Johnson, J.&nbsp;&nbsp;<a href="/opinions/2009/09KK0638.pc.opn.pdf">2009-KK-0638 STATE OF LOUISIANA v. RODNEY RICHARDSON</a>&nbsp;(Parish of Orleans)Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.The ruling of the trial court granting defendant's motion to suppress is therefore reversed and this case is remanded to the court for further proceedings consistent with the views expressed herein. JUDGMENT OF THE TRIAL COURT GRANTING THE MOTION TO SUPPRESS REVERSED; CASE REMANDED FOR FURTHER PROCEEDINGS.&nbsp;<a href="/opinions/2009/09B0938.pc.opn.pdf">2009-B -0938 IN RE: HILLIARD C. FAZANDE, III</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.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 Hilliard C. Fazande, III, Louisiana Bar Roll number 26638, be and he hereby is suspended from the practice of law in Louisiana for a period of six months. It is further ordered that all but thirty days of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for one year governed by the conditions set forth in this opinion. Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary period, may be grounds for making the deferred portion of the suspension executory, or imposing additional 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&rsquo;s judgment until paid.&nbsp;<a href="/opinions/2009/09B1091.pc.opn.pdf">2009-B -1091 IN RE: WADE R. BAGGETTE</a>Judge Benjamin Jones, of the Fourth Judicial District Court, assigned as Justice Pro Tempore, participating in the decision.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 Wade R. Baggette, Louisiana Bar Roll number 2652, 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&rsquo;s judgment until paid.&nbsp;
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