January 24, 2012 - 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 #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;24th day of January, 2012, are as follows:&nbsp;BY KIMBALL, C.J.:<a href="/opinions/2012/11C1170.pdf">2011-C -1170	LAURIE JENKINS v. LARRY G. STARNS</a>&nbsp;(Parish of Livingston)For the same reasons set forth in Reeder, we now conclude the continuous representation rule also does not apply to the one-year peremptive period in La. R.S. 9:5605. We therefore reverse the judgment of the court of appeal and hold Jenkins&rsquo; legal malpractice suit is untimely.&nbsp; REVERSED. DISMISSED.JOHNSON, J., dissents and assigns reasons. CLARK, J., dissents for reasons assigned by Justice Johnson.&nbsp;&nbsp;BY VICTORY, J.:<a href="/opinions/2012/11C0898.pdf">2011-C -0898	ARLENE CHAMBERS v. VILLAGE OF MOREAUVILLE</a>&nbsp;(Parish of Avoyelles)For the reasons stated herein, the judgments of the court of appeal and trial court are reversed and judgment is rendered in favor of the defendant, dismissing the plaintiff&rsquo;s claim against the Village of Moreauville with prejudice.&nbsp; REVERSED AND RENDERED.JOHNSON, J., dissents. KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2012/11C1141.pdf">2011-C -1141	MCLANE SOUTHERN, INC. v. CYNTHIA BRIDGES, SECRETARY OF THE DEPARTMENT OF REVENUE OF THE STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge)For the reasons expressed herein, the judgment of the court of appeal is reversed and the trial court judgment granting the Department&rsquo;s motion for summary judgment finding McLane liable for the tax on smokeless tobacco products is reinstated. The case is remanded to the court of appeal to consider McLane&rsquo;s two remaining assignments of error. REVERSED AND REMANDED.KIMBALL, C.J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.:<a href="/opinions/2012/11O2182.pdf">2011-O -2182	IN RE: JUDGE ROBERT E. BURGESS, FORTY-SECOND JUDICIAL DISTRICT COURT, PARISH OF DESOTO, STATE OF LOUISIANA</a>For the reasons assigned, it is ordered that Judge Robert E. Burgess be publicly censured for violating Canons 1, 2A, and 2B of the Code of Judicial Conduct and La. Const. art. V, &sect;25(C). Judge Burgess is ordered to reimburse the Louisiana Judiciary Commission for costs in the amount of $1,738.49.VICTORY, J., concurs in the result and assigns reasons. CLARK, J., concurs in the result for the reasons assigned by Justice Victory.&nbsp;<a href="/opinions/2012/11CC1579cw11CC1814.pdf">2011-CC-1579 C/W 2011-CC-1814 KALEEM ARSHAD, ET AL. v. CITY OF KENNER, ET AL.</a>&nbsp;(Parish of Jefferson) For the foregoing reasons, the judgment of the Court of Appeal is hereby affirmed. AFFIRMED.KIMBALL, C.J., concurs in part, dissents in part, and assigns reasons. VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.:<a href="/opinions/2012/11KK2201.pdf">2011-KK-2201	STATE OF LOUISIANA v. TIMOTHY BAZILE</a>&nbsp;(Parish of E. Baton Rouge) (Second Degree Murder)For the reasons assigned, the judgment of the district court is reversed. The case is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED.JOHNSON, J., concurs. WEIMER, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2012/11O2243.pdf">2011-O -2243	IN RE: JUSTICE OF THE PEACE HERBERT G. WILLIAMS, JR. PARISH OF PLAQUEMINES, WARD 2 STATE OF LOUISIANA</a>For the reasons assigned, it is ordered that Justice of the Peace Herbert G. Williams, Jr., be publicly censured for violating Canons 1, 2(A), 2(B), 3(A)(1), and 3(B)(1) of the Code of Judicial Conduct. It is further ordered that Justice of the Peace Herbert G. Williams, Jr., reimburse the Judiciary Commission of Louisiana $1,657.56 in costs.VICTORY, J., dissents and would impose a harsher sanction.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2012/10KA0614.pdf">2010-KA-0614	STATE OF LOUISIANA v. TERRANCE CARTER</a>&nbsp;(Parish of Red River) (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 this court under La. C.Cr.P. art. 923 of finality of direct appeal, and before issuing 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. 15:147; and (2) to litigate expeditiously the claims raised in that application, if filed in the state courts.&nbsp;<a href="/opinions/2012/10C1140.pdf">2010-C -1140	JIMMY L. SMITH v. STATE OF LOUISIANA</a>&nbsp;(Parish of West Feliciana) (Sex Offender Registration)For the reasons set forth above, we find the 1999 amendment to former La. Rev. Stat. 15:542.1, providing for a lifetime obligation to register as a sex offender, applies to Mr. Smith as a multiple sexual offender. We further find no violation of the ex post facto clause in the application of the sex offender registration statutes to Mr. Smith. Thus, we reverse the ruling of the court of appeal, and reinstate the district court&rsquo;s judgment denying Mr. Smith&rsquo;s petition for injunctive and declaratory relief and ordering him to register as a lifetime sex offender.&nbsp; REVERSED; DISTRICT COURT JUDGEMENT REINSTATED.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2012/11C1418.pdf">2011-C -1418	FIRST NATIONAL BANK, USA v. DDS CONSTRUCTION, LLC</a>&nbsp;(Parish of St. John)For the foregoing reasons, we reverse the ruling of the court of appeal, reinstating the judgment of the district court on the motion to rank creditors. We hold the Construction Mortgage of First National primes the Bering Mortgage held by US Bank. This matter is remanded for further proceedings consistent with this opinion. REVERSED AND REMANDEDKIMBALL, C.J., dissents for reasons assigned by Justice Knoll. JOHNSON, J., dissents for reasons assigned by Justice Knoll. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2012/10OB2789.pdf">2010-OB-2789	IN RE: HERMAN W. ROBINSON, JR.</a>Under the circumstances, we conclude petitioner has failed to meet his burden of proving that he has &ldquo;good moral character&rdquo; to be admitted to the Louisiana State Bar Association. See Supreme Court Rule XVII, &sect; 5(D). Accordingly, it is ordered that the application for admission be and hereby is denied. ADMISSION DENIED.<a href="/opinions/2012/11B1038.pdf">2011-B -1038	IN RE: JOHNNIE JONES, SR.</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 Johnnie Jones, Sr., Louisiana Bar Roll number 8329, be and he hereby is suspended from the practice of law for three years. It is further ordered that all but one year of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for two years. As a condition of probation, respondent is ordered to submit to fee dispute arbitration in the Childs matter and refund any unearned fees as determined by the arbitrator. 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.JOHNSON, J., dissents.&nbsp;&nbsp;<a href="/opinions/2012/11C1130.pdf">2011-C -1130	JERRY WAYNE BENOIT v. TURNER INDUSTRIES GROUP, LLC</a>For the reasons assigned, the judgment of the court of appeal is reversed insofar as it affirms the judgment of the Office of Workers&rsquo; Compensation awarding claimant total medical expenses in the amount of $625,168.27. As to the remaining assignments of error, the writ is recalled and denied.JOHNSON, J., dissents in part and assigns reasons. KNOLL, J., dissents in part and concurs in part and assigns reasons. WEIMER, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2012/11B1457.pdf">2011-B -1457	IN RE: CHARLES 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 the name of Charles Williams, Louisiana Bar Roll number 13493, 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&rsquo;s judgment until paid.&nbsp;
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