March 13, 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 #014</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;13th day of March, 2012, are as follows:&nbsp;BY JOHNSON, J.:<a href="/opinions/2012/10KO1724cw10KO1726.opn.pdf">2010-KO-1724 c/w 2010-KO-1726	STATE OF LOUISIANA v. GLEN DALE NELSON c/w STATE OF LOUISIANA v. MELVIN M. GOLDMAN</a>&nbsp;(Parish of Ouachita) (Illegal use of weapons; armed robbery; conspiracy to commit armed robbery; habitual offender)For the reasons assigned herein, we find the trial court erred both in its application of Batson, and in formulating a remedy for the alleged Batson violation. Therefore, we are compelled to reverse the decision of the court of appeal, vacate the convictions and sentences, and remand the matters to the trial court for a new trial. JUDGMENT OF THE COURT OF APPEAL REVERSED; DEFENDANTS' CONVICTIONS AND SENTENCES ARE VACATED. THESE MATTERS ARE HEREBY REMANDED TO THE TRIAL COURT FOR A NEW TRIAL.VICTORY, J., concurs in the result with reasons. GUIDRY, J., concurs in part and dissents in part and assigns reasons.&nbsp; SEXTON, J. ad hoc, concurs in the result.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2012/11C1003.opn.pdf">2011-C -1003	NAKISHA CREDIT AND KEVIN CREDIT, SR., INDIVIDUALLY AND ON BEHALF OF THEIR MINOR CHILDREN, ADRIENNE BREANA HOWARD, KAYLIN HOWARD AND KEVIN CREDIT, JR. v. RICHLAND PARISH SCHOOL BOARD, STATE FARM MUTUAL INSURANCE COMPANY, CATHY STOCKTON, GEORGIA INEICHEN, LARRY WRIGHT, SR., SAMUEL G. HESSER, RAYVILLE HIGH SCHOOL, XYZ DUTY TEACHERS, GAIL MCCLAIN AS THE MOTHER OF COURTNEY MCCLAIN, RICHLAND CAREER CENTER AT ARCHIBALD, AND AMY DOE AS THE MOTHER OF LEBARON SLEDGE</a>&nbsp;(Parish of Richland)Thus, we reverse the ruling of the court of appeal in part, affirm that ruling in part, and remand the matter to the court of appeal for further proceedings. REVERSED IN PART; AFFIRMED IN PART; AND REMANDED.KIMBALL, C.J., dissents in part for the reasons assigned by Weimer, J.&nbsp; JOHNSON, J., dissents. WEIMER, J., dissents in part and assigns reasons.&nbsp;&nbsp;BY CLARK, J.:<a href="/opinions/2012/10C2605.opn.pdf">2010-C -2605	CRAIG STEVEN ARABIE, ET AL. v. CITGO PETROLEUM CORPORATION, ET AL.</a>&nbsp;(Parish of Calcasieu)For the foregoing reasons, we reverse the rulings of the courts below in part, affirm in part, and render judgment.JOHNSON, J., concurs in part and dissents in part for reasons assigned by Knoll, J. KNOLL, J., concurs in part and dissents in part with reasons. GUIDRY, J., concurs in the result and assigns reasons.&nbsp;<a href="/opinions/2012/11C2132cw11C2139cw11C2142.opn.pdf">2011-C -2132 c/w 2011-C -2139 c/w 2011-C -2142 JOE OLIVER, ET AL. v. MAGNOLIA CLINIC, ET AL.</a>&nbsp;(Parish of Calcasieu)For the reasons stated herein, the judgment of the court of appeal is reversed in part and affirmed in part. The trial court judgment is reinstated in full. REVERSED IN PART; AFFIRMED IN PART. TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., concurs in part, dissents in part. VICTORY, J., concurs in part and dissents in part with reasons. KNOLL, J., concurs with reasons in the result.&nbsp;&nbsp;PER CURIAM:<a href="/opinions/2012/11K1040.opn.pdf">2011-K -1040	STATE OF LOUISIANA v. JOHN COLVIN</a>&nbsp;(Parish of Orleans) (Felony theft)Accordingly, the decision of the Fourth Circuit is reversed, the sentences imposed by the trial court are reinstated, and this case is remanded for purposes of execution of sentence. COURT OF APPEAL DECISION REVERSED; SENTENCES REINSTATED; REMANDED&nbsp;<a href="/opinions/2012/11k1044.opn.pdf">2011-K -1044	STATE OF LOUISIANA v. AUBREY BROWN</a>&nbsp;(Parish of Tangipahoa) (Simple Burglary and Simple Burglary of a Religious Building)Accordingly, the decision the court of appeal is reversed and this case is remanded for consideration of the assignments of error pretermitted on original appeal. REVERSED; CASE REMANDED&nbsp;<a href="/opinions/2012/11B1950.opn.pdf">2011-B -1950	IN RE: CLAUDE C. LIGHTFOOT, JR.</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 Claude C. Lightfoot, Jr., Louisiana Bar Roll number 17989, be and he hereby is suspended from the practice of law for six months, with all but thirty days deferred. 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/2012/11B2202.opn.pdf">2011-B -2202	IN RE: JOHN CUCCI, JR.</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 John Cucci, Jr., Louisiana Bar Roll number 25016, be and he hereby is suspended from the practice of law for three years. It is further ordered that respondent provide an accounting to each of his clients subject of the formal charges, and make full restitution, 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/2012/11B2232.opn.pdf">2011-B -2232	IN RE: LEONARD E. YOKUM, JR.</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 Leonard E. Yokum, Jr., Louisiana Bar Roll number 13745, be and he hereby is suspended from the practice of law for a period of three years, retroactive to February 4, 2009, the date of his interim suspension. It is further ordered that respondent pay restitution to Beverly Anthony and Louis Delaney, and refund the unearned fees owed to Clifford Millaudon and Diane Clark. 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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