May 10, 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 #028</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;10th day of May, 2011, are as follows:&nbsp;BY JOHNSON, J.: <a href="/opinions/2011/10CQ1823.opn.pdf">2010-CQ-1823	IN RE: KATRINA CANAL BREACHES LITIGATION</a>&nbsp;(United States Court of Appeals for the Fifth Circuit)We answer the certified question as set forth in this opinion. Pursuant to Rule XII, Supreme Court of Louisiana, the judgment rendered by this Court upon the question certified shall be sent by the Clerk of this Court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties. CERTIFIED QUESTION ANSWERED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2011/10C0387.opn.pdf">2010-C -0387 C/W 2010-C -0488 JONATHON JOHNSON AND BELINDA JOHNSON, INDIVIDUALLY AND ON BEHALF OF THEIR MINOR SON, GARRETT JOHNSON v. MOREHOUSE GENERAL HOSPITAL, ET AL.</a>&nbsp;(Parish of Morehouse) Retired Judge Philip C. Ciaccio, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball; Retired Judge Moon Landrieu, assigned as Justice ad hoc, sitting for Justice Marcus Clark, recused.For the reasons stated herein, the judgment of the court of appeal is affirmed in part and reversed in part, and judgment is hereby entered assessing Morehouse General Hospital with 50% of the fault. AFFIRMED IN PART; REVERSED IN PART; RENDERED.JOHNSON, J., dissents for reasons assigned by Guidry, J. KNOLL, J., dissents in part and concurs in part and assigns reasons. GUIDRY, J., dissents, and assigns reasons. CIACCIO, J., concurs.&nbsp;<a href="/opinions/2011/10CJ2312.opn.pdf">2010-CJ-2312	ROBERT MALCOLM GATHEN v. VANESSA K. GATHEN</a>&nbsp;(Parish of Lafourche)For the reasons state herein, the judgment of the court of appeal is reversed and the judgment of the trial court is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., dissents and assigns reasons. KNOLL, J., dissents with reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2011/88KA0017.opn.pdf">1988-KA-0017	STATE OF LOUISIANA v. THOMAS SPARKS, JR. A/K/A ABDULLAH HAKIM EL-MUMIT</a>&nbsp;(First Degree Murder) (Parish of Livingston)For the reasons assigned herein, the defendant&rsquo;s conviction is affirmed. However, the sentence of death is conditionally affirmed. A final determination of the appeal is pretermitted. The case is remanded to the trial court for an expeditious evidentiary hearing on defendant&rsquo;s claim that he received ineffective assistance of counsel relating to the penalty phase of his capital trial, in order to decide whether defendant received effective assistance of counsel at the penalty phase of the trial. If the trial court concludes that a new penalty hearing is required, the trial court should order one expeditiously. If the trial court determines the claim is without merit, the defendant may again appeal to this Court for review of that decision.&nbsp; FIRST-DEGREE MURDER CONVICTION AFFIRMED; DEATH SENTENCE CONDITIONALLY AFFIRMED; REMANDED TO THE DISTRICT COURT FOR EXPEDITIOUS EVIDENTIARY HEARING.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2011/10C2011.opn.pdf">2010-C -2011	MITCHELL S. GLASGOW, ET AL. v. PAR MINERALS CORPORATION, ET AL.</a>&nbsp;(Parish of Allen)Accordingly, we reverse the decisions of both lower courts and remand this matter to the district court for further proceedings consistent with this opinion.&nbsp; REVERSED AND REMANDED.VICTORY, J., dissents and assigns reasons. GUIDRY, J., dissents and assigns reasons. CLARK, J., dissents for reasons assigned by Justice Victory.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2011/10C2264.opn.pdf">2010-C -2264	STATE OF LOUISIANA, DIVISION OF ADMINISTRATION, OFFICE OF FACILITY PLANNING &amp; CONTROL v. IFINITY SURETY AGENCY, L.L.C., BENETECH, L.L.C., AND JRDKS CONSTRUCTION, L.L.C., A JOINT VENTURE, AND BENETECH, L.L.C.; AND JRDKS CONTRUCTION, L.L.C.</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, the rulings of the lower courts are reversed, and the defendants&rsquo; exceptions of no cause of action are overruled. REVERSED AND REMANDED.KNOLL, J., dissents with written reasons.&nbsp;<a href="/opinions/2011/11O0121.opn.pdf">2011-O -0121	IN RE: JUSTICE OF THE PEACE ROGER ADAMS WARD 7, 12TH DISTRICT PARISH OF AVOYELLES STATE OF LOUISIANA</a>Retired Judge Robert Klees sitting ad hoc, for Justice Jeanette T. Knoll, recused.Accordingly, it is ordered that Justice of the Peace Adams be suspended without pay for one year, followed by a two-year period of probation. It is further ordered that Justice of the Peace Adams attend the Attorney General&rsquo;s justice of the peace training every year until his term of probation is completed, and reimburse and pay to the Commission the sum of $532.58 in hard costs.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2011/10C2327.opn.pdf">2010-C -2327	LOUTRE LAND AND TIMBER COMPANY v. WILTON A. ROBERTS, EDWARD ROBERTS, MARK A. ROBERTS AND TONI L. ROBERTS DASCHKE</a>&nbsp;(Parish of Franklin)For the foregoing reasons, we reverse the ruling of the court of appeal and remand the matter to the court of appeal to rule on the assignments of error asserted by Loutre, which were necessarily pretermitted by the court of appeal&rsquo;s ruling. REVERSED AND REMANDED.WEIMER, J., concurs.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2011/10B2759.opn.pdf">2010-B -2759	IN RE: CARL V. WILLIAMS</a>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 Carl V. Williams, Louisiana Bar Roll number 18507, be and he hereby is suspended from the practice of law for one year. All but four months of the suspension shall be deferred, subject to respondent&rsquo;s successful completion of a two-year period of supervised probation governed by the conditions enumerated by the hearing committee. In addition, respondent is ordered as a condition of probation to submit the fee dispute with Jacqueline Bonnee to the Louisiana State Bar Association&rsquo;s Fee Dispute Resolution Program. The probationary period shall commence from the date respondent, the ODC, and the probation monitor execute a formal probation plan. 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;
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