October 16, 2012 - Opinions - Louisiana Supreme Court

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October 16, 2012 
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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 #060</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;16th day of October, 2012, are as follows:&nbsp;BY JOHNSON, J.: <a href="/opinions/2012/11CC1509.pdf">2011-CC-1509 DAISY LUCERO MARCILE, ET AL. v. NEAL DAUZAT, ET AL.</a>&nbsp;(Parish of Avoyelles)For the above reasons, we reverse the rulings of the lower courts striking Defendants&rsquo; demand for trial by jury.&nbsp; REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.KNOLL, J., concurs in the result with reasons.&nbsp;<a href="/opinions/2012/12K0233.pdf">2012-K -0233 STATE OF LOUISIANA v. JEROME BRYANT, JR.</a>&nbsp;(Parish of Caddo) (Aggravated Burglary) For the above reasons, we reverse the ruling of the court of appeal and reinstate defendant&rsquo;s conviction for aggravated burglary as well as the second-felony habitual offender adjudication and sentence on that count. REVERSED. JUDGMENT OF THE TRIAL COURT REINSTATED.KIMBALL, C.J., dissents for reasons assigned by Justice Knoll. KNOLL, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2012/11K2796.pdf">2011-K -2796 STATE OF LOUISIANA v. SATONIA SMALL</a>&nbsp;(Parish of Caddo) (Second Degree Murder)For the reasons stated herein, defendant&rsquo;s conviction for second degree murder is reversed and judgment is entered. The case is remanded to the trial court to resentence defendant for violating La. R.S. 14:32(A)(1). REVERSED AND REMANDED.GUIDRY, J., dissents, and assigns reasons. CLARK, J., dissents for the reasons assigned by Justice Guidry.&nbsp;<a href="/opinions/2012/12C0204.pdf">2012-C -0204 JOANN SIMS AND BRENT SIMS v. THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION, TRAVELERS CASUALTY AND SURETY COMPANY, JOE BRISTOL, HENRY BELL, MORTIMER CURRIER, GERARD DAIGRE, AND THEOPHILE ROZASA</a>&nbsp;(Parish of Iberville)For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court&rsquo;s judgment dismissing plaintiffs&rsquo; suit is reinstated. REVERSED; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2012/12C0239.pdf">2012-C -0239 JADE BOUDREAUX v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS</a>&nbsp;(Parish of E. Baton Rouge)For the foregoing reasons, the judgment of the Court of Appeal is hereby affirmed. AFFIRMED.JOHNSON, J., dissents. GUIDRY, J., concurs in the result and assigns reasons.&nbsp;<a href="/opinions/2012/12C0588.pdf">2012-C -0588 KATIE REALTY, LTD. D/B/A THE LANDRY BUILDING v. LOUISIANA CITIZENS PROPERTY INSURANCE CORPORATION</a>&nbsp;(Parish of Terrebonne)Retired Judge Lemmie O. Hightower, sitting Justice as hoc for Weimer, J., recused.For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed, and judgment is rendered in plaintiff&rsquo;s favor, awarding plaintiff $5000 in penalties. REVERSED; JUDGMENT RENDERED.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2012/12C0341.pdf">2012-C -0341 ELLIS HARGRAVE v. STATE OF LOUISIANA</a>&nbsp;(Office of Workers&rsquo; Compensation District 04)Accordingly, we reverse the lower courts&rsquo; rulings, and remand the case to the Office of Workers&rsquo; Compensation.&nbsp; REVERSED AND REMANDED.KNOLL, J., additionally concurs with reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2012/12C0078.pdf">2012-C -0078 THE CITY OF BOSSIER CITY v. PHILLIP VERNON AND THE CITY OF BOSSIER CITY FIRE AND POLICE CIVIL SERVICE BOARD C/W OFFICER PHILLIP VERNON v. CITY OF BOSSIER CITY</a>&nbsp;(Parish of Bossier)Based upon our interpretation of La. R.S. 33:2501(C)(1), we find a municipal fire and police civil service board has the statutory authority to modify the discipline imposed by an appointing authority, even if imposed in good faith for cause. Consequently, we affirm the rulings of the courts below, which upheld the Board&rsquo;s action in this case and properly interpreted the statute.&nbsp; AFFIRMED.GUIDRY, J., concurs in the result and assigns reasons.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2012/11OB2225.pdf">2011-OB-2225 IN RE: CARLTON J. ALLEN</a>Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement. CONDITIONAL ADMISSION GRANTED.CLARK, J., dissents.&nbsp;<a href="/opinions/2012/11OB2273.pdf">2011-OB-2273 IN RE: JAMES A. GRAHAM.</a>Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement. CONDITIONAL ADMISSION GRANTED.CLARK, J., dissents.&nbsp;<a href="/opinions/2012/12C0307.pdf">2012-C -0307 LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT v. JEFFERY C. PERSON, ET AL.</a>&nbsp;(Parish of Lafayette)For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court is reinstated.&nbsp;<a href="/opinions/2012/12B0619.pdf">2012-B -0619 IN RE: JOAN S. BENGE</a>Retired Judge Frank Foil, assigned as Justice ad hoc, sitting for Justice Greg G. Guidry, recused.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 Joan S. Benge, Louisiana Bar Roll number 20490, be and she hereby is suspended from the practice of law for three years, retroactive to February 10, 2010, the date of her 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.JOHNSON, J., concurs.&nbsp;<a href="/opinions/2012/12B0916.pdf">2012-B -0916 IN RE: DONALD S. ZUBER AND CATHERINE SMITH NOBILE</a>Retired Judge Robert L. Lobrano, assigned as Justice ad hoc, sitting for Chief Justice Catherine D. Kimball, recused; retired Judge Hillary J. Crain, assigned as Justice ad hoc, sitting for Justice Jeannette T. Knoll, recused.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 formal charges against respondents, Donald S. Zuber and Catherine Smith Nobile, be and hereby are dismissed.JOHNSON, J., concurs in part, dissents in part, and assigns reasons.&nbsp;<a href="/opinions/2012/12B0940.pdf">2012-B -0940 IN RE: WALTER BRENT PEARSON</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 Walter Brent Pearson, Louisiana Bar Roll number 17088, 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;<a href="/opinions/2012/12B1006.pdf">2012-B -1006 IN RE: PAUL S. MINOR</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 Paul S. Minor, Louisiana Bar Roll number 9629, 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;<a href="/opinions/2012/12O1342.opn.pdf">2012-O -1342 IN RE: OFFICE OF CHIEF JUSTICE, LOUISIANA SUPREME COURT</a>Chief Judge Burrell J. Carter, Court of Appeal, First Circuit; Chief Judge Henry N. Brown, Jr., Court of Appeal, Second Circuit; and Chief Judge Ulysses Gene Thibodeaux, Court of Appeal, Third Circuit, participating as justices ad hoc. Johnson, Knoll, and Victory, JJ., recused.For the reasons assigned, as between Justice Johnson and Justice Victory, Justice Johnson is presently most senior for purposes of succeeding to the office of chief justice under Article V, Section 6 of the Louisiana Constitution of 1974.&nbsp; Any request for rehearing must be received by this court within five days from the issuance of this opinion.&nbsp;
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