January 19, 2011 - 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 #004</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;19th day of January, 2011, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2011/10CA0671.opn.pdf">2010-CA-0671	DEER ENTERPRISES, LLC, A LOUISIANA LIABILITY COMPANY v. PARISH COUNCIL OF WASHINGTON PARISH</a>&nbsp;(Parish of Washington)Accordingly, plaintiff&rsquo;s constitutional challenge to the amendment fails. The judgment of the trial court is reversed. REVERSED.WEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY JOHNSON, J.:<a href="/opinions/2011/10C0193.opn.pdf">2010-C -0193	RED STICK STUDIO DEVELOPMENT, L.L.C. v. STATE OF LOUISIANA BY AND THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT; STATE OF LOUISIANA BY AND THROUGH THE DIVISION OF ADMINISTRATION; &amp; STATE OF LOUISIANA BY AND THROUGH THE OFFICE OF ENTERTAINMENT INDUSTRIES DEVELOPMENT</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Based on the legislative history, and considering the language of the statute, we hold that Section 3 (C) of Act 456 means that a grandfathered project, such as the one submitted by Red Stick, is only entitled to forty percent tax credits on expenditures incurred by January 1, 2010.&nbsp; REVERSED.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2011/09C2793.opn.pdf">2009-C -2793	EMILE POISSENOT v. ST. BERNARD PARISH SHERIFF'S OFFICE</a> (Office of Workers&rsquo; Compensation District 7)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons stated herein, the judgment of the court of appeal granting Mr. Poissenot supplemental earnings benefits, penalties, and attorneys fees is reversed and judgment is rendered in favor of St. Bernard Parish Sheriff&rsquo;s Office. REVERSED AND RENDERED.JOHNSON, J., concurs. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2011/10C0245.opn.pdf">2010-C -0245	KENNETH ARDOIN v. FIRESTONE POLYMERS, LLC</a>&nbsp;(Parish of Calcasieu)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons set forth above, the decision of the appellate court affirming the hearing officer&rsquo;s award of indemnity benefits to the plaintiff is reversed; judgment is rendered in favor of the defendant; and the plaintiff&rsquo;s claims are dismissed with prejudice. REVERSED AND RENDERED.&nbsp;<a href="/opinions/2011/10CC0343.opn.pdf">2010-CC-0343	SHARON SCHULTZ, ET AL. v. JANOS GUOTH, M.D. AND KHALED F. RABIE, M.D.</a>&nbsp;(Parish of Rapides) Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Accordingly, for the reasons set forth above, we reverse the lower courts&rsquo; rulings and render summary judgment in favor of the defendant, dismissing the plaintiff&rsquo;s claims with prejudice. REVERSED AND RENDERED.JOHNSON, J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2011/09K2406.pc.pdf"></a><a href="/opinions/2011/09K2406.pc.pdf">2009-K -2406	STATE OF LOUISIANA v. EDWARD CHARLES JACKSON</a>&nbsp;(Parish of Rapides) (Armed Robbery and Possession of a Firearm by a Convicted Felon)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.Defendant's conviction and sentence for armed robbery are reinstated and affirmed, and this case is remanded to the district court for purposes of execution of sentence.&nbsp; CONVICTION AND SENTENCE FOR POSSESSION OF A FIREARM BY A CONVICTED FELON AFFIRMED; CONVICTION AND SENTENCE FOR ARMED ROBBERY REINSTATED AND AFFIRMED; CASE REMANDED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2011/09K2723.pc.pdf">2009-K -2723	STATE OF LOUISIANA v. GRADY N. GREENE</a>&nbsp;(Parish of Orleans) (Theft in an amount over $500.00.)Accordingly, the decision below is reversed, the defendant&rsquo;s conviction and sentence are affirmed, and this case is remanded to the district court for purposes of execution of sentence. COURT OF APPEAL DECISION REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2011/10B0419.pc.pdf">2010-B -0419	IN RE: NOLAND JAMES HAMMOND</a>Retired Judge Robert L. Lobrano, assigned as Justice ad hoc, sitting for Justice Jeannette T. Knoll, 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 the name of Noland James Hammond, Louisiana Bar Roll number 24116, 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. Respondent shall make restitution to all clients subject of the formal charges and repay the Louisiana State Bar Association&rsquo;s Client Assistance Fund any amounts paid to claimants on his behalf. 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/2011/10C0425.pc.pdf">2010-C -0425	FRANK TATE v. WOMAN'S HOSPITAL FOUNDATION D/B/A WOMAN'S HOSPITAL</a>&nbsp;(Parish of E. Baton Rouge)Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball.For the reasons assigned, the judgment of the court of appeal is reversed insofar as it denies defendant&rsquo;s motion for summary judgment on plaintiff&rsquo;s claim for invasion of privacy. The judgment of the district court granting summary judgment on this claim is reinstated, and plaintiff&rsquo;s suit is dismissed with prejudice. All costs in this court are assessed against plaintiff.&nbsp;<a href="/opinions/2011/10C1044.pc.pdf">2010-C -1044	ELLIS HARGRAVE v. STATE OF LOUISIANA, THROUGH DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT</a>For the reasons assigned, the judgment of the court of appeal reducing Ellis Hargrave&rsquo;s weekly indemnity benefits from $424.28 to 365.25, and granting an offset to the State of Louisiana, Department of Transportation and Development for amounts overpaid, is affirmed.&nbsp;<a href="/opinions/2011/10KK1340.pc.pdf">2010-KK-1340	STATE OF LOUISIANA v. RUBEN CARTER, ET AL.</a>&nbsp;(Parish of Orleans) (Possession of Stolen Property valued at more than $500.00)The ruling of the trial court is therefore reversed, the motion to suppress evidence is granted, and this case is remanded to the trial court for further proceedings consistent with the views expressed herein.&nbsp; REVERSED AND REMANDED.JOHNSON, J., dissents.&nbsp;<a href="/opinions/2011/10B1934.pc.pdf">2010-B -1934	IN RE: MICHAEL WAYNE KELLY</a>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 Michael Wayne Kelly, Louisiana Bar Roll number 23159, be and he hereby is suspended from the practice of law for eighteen months, with all but one year deferred. Following completion of the active portion of his suspension, respondent shall be placed on unsupervised probation for one year, subject to the condition that any misconduct during this period may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate. The probationary period shall commence from the date respondent and the ODC execute a formal probation plan. 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/2011/10B1950.pc.pdf">2010-B -1950	IN RE: JEROME W. DIXON</a>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 Jerome W. Dixon, Louisiana Bar Roll number 18587, be and he hereby is suspended from the practice of law for three years, retroactive to June 17, 2009, the date of his interim suspension. 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.CLARK, J., dissent in part with reasons.&nbsp;
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