March 19, 2013 - 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 #016</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 March, 2013, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2013/12C2055.opn.pdf">2012-C -2055	CLOVELLY OIL CO., LLC v. MIDSTATES PETROLEUM CO., LLC, ET AL.</a>&nbsp;(Parish of Evangeline)Judge Jefferson D. Hughes III was assigned as Justice pro tempore sitting for Kimball, C.J. for oral argument, and sits as an elected Justice at the time this opinion is being rendered.We hold that the JOA applies to leases and unleased mineral interests located within the geographic area described in Exhibit &ldquo;A,&rdquo; which were owned by the parties at the time the JOA was executed. REVERSED. THE RULING OF THE TRIAL COURT IS HEREBY REINSTATED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2013/12KA1854.opn.pdf">2012-KA-1854	STATE OF LOUISIANA v. ISAIAH OVERSTREET, JR.</a>&nbsp;(Parish of E. Baton Rouge) (Laws Requiring Registration for Sex Offenders)Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He sits as an elected Justice at the time this opinion is rendered.For the reasons stated herein, the judgment of the district court, declaring La. R.S. 15:541(7) and La. R.S. 15:542 unconstitutional as applied to a defendant judged not guilty by reason of insanity, is reversed, and the case is remanded to the district court for further proceedings. REVERSED AND REMANDED.&nbsp;<a href="/opinions/2013/12C2056.opn.pdf">2012-C -2056	TIN, INC. v. WASHINGTON PARISH SHERIFF'S OFFICE, ROBERT J. "BOBBY" CROWE, IN HIS CAPACITY AS SHERIFF AND SALES AND USE TAX COLLECTOR FOR WASHINGTON PARISH, AND BRANDI RITCHIE, IN HER CAPACITY AS THE SALES AND USE TAX AUDIT MANAGER FOR THE WASHINGTON PARISH SALES AND USE TAX DEPARTMENT</a>(Parish of Washington)Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. After oral argument, he determined that he had a conflict of interest necessitating his recusal. Consequently, this decision is being rendered by six Justices.For the foregoing reasons, the judgments of the lower courts are reversed and the case is remanded to the district court for further proceedings in accordance with this opinion. REVERSED AND REMANDED.HUGHES, J., recused.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2013/12K1176.opn.pdf">2012-K -1176	STATE OF LOUISIANA v. CRAIG OLIPHANT</a>&nbsp;(Parish of Morehouse) (Vehicular Homicide)Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.For the foregoing reasons, the judgment of the Court of Appeal is hereby reversed, defendant&rsquo;s sentence is vacated, and this matter is remanded to the District Court for reconsideration of sentence. REVERSED, SENTENCE VACATED, and REMANDED.HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2013/12C1472.opn.pdf">2012-C -1472 QUANTUM RESOURCES MANAGEMENT, L.L.C. AND MILAGRO PRODUCING, L.L.C. v. PIRATE LAKE OIL CORP., ET AL</a>&nbsp;(Parish of Jefferson)Judge Jefferson D. Hughes III was assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered.For the foregoing reasons, the judgments of the lower courts are reversed and this case is remanded to the District Court for further proceedings.&nbsp; REVERSED; REMANDED.WEIMER, J., additionally concurring with reasons.&nbsp;BY WEIMER, J.: <a href="/opinions/2013/12K1021.opn.pdf">2012-K -1021	STATE OF LOUISIANA v. BILLY R. LEWIS</a>&nbsp;(Parish of Orleans)(Two Counts Second Degree Murder)Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He sits as an elected Justice at the time this opinion is rendered.For the foregoing reasons, we reverse the judgment of the court of appeal, vacate the convictions and sentences and remand this matter to the district court for a new trial. REVERSED, VACATED AND REMANDED.&nbsp;<a href="/opinions/2013/12KK1986.opn.pdf">2012-KK-1986	STATE OF LOUISIANA v. MAZEN HAMDAN</a>&nbsp;(Parish of Orleans)(Habitual Offender)Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He sits as an elected Justice at the time this opinion is rendered.For the foregoing reasons, the decision of the appellate court affirming the trial court&rsquo;s judgment granting defendant&rsquo;s motion to quash is reversed, and the trial court&rsquo;s judgment is vacated. This matter is remanded to the trial court for further proceedings. REVERSED; JUDGMENT VACATED; REMANDED.&nbsp;<a href="/opinions/2013/12K2042.opn.pdf">2012-K -2042	STATE OF LOUISIANA v. JEREMY PATTERSON</a>&nbsp;(Parish of Orleans)(Second Degree Murder)Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.For the foregoing reasons, the judgment of the court of appeal is affirmed.&nbsp; AFFIRMED.&nbsp;&nbsp;BY GUIDRY, J.:<a href="/opinions/2013/12CC1697.opn.pdf">2012-CC-1697	RODNEY CHAMPAGNE, II AND WIFE, NICOLE CHAMPAGNE, BOTH INDIVIDUALLY AND ON BEHALF OF ELIZABETH NICOLE CHAMPAGNE v. AMERICAN ALTERNATIVE INSURANCE CORPORATION, SMEAL FIRE APPARATUS CO., WATEROUS COMPANY, LAFAYETTE CONSOLIDATED GOVERNMENT, LAFAYETTE PARISH FIRE PROTECTION ASSOCIATION, AND DANIEL LAVERGNE</a>&nbsp;(Parish of Lafayette)Judge Jefferson D. Hughes III, assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument. He now sits as an elected Associate Justice at the time this opinion is rendered. Retired Judge Patrick M. Schott, assigned as Justice ad hoc, sitting for Justice John Weimer, recused.After reviewing the record and the law, we find the defendants have failed to establish as a matter of law that the Workers&rsquo; Compensation Act grants immunity to a volunteer member of a volunteer fire company from suit in tort filed by a fellow volunteer member. Accordingly, the rulings of the lower courts are affirmed. AFFIRMED.VICTORY, J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2013/12C1937.opn.pdf">2012-C -1937	WEST MONROE FIREFIGHTERS LOCAL 1385, ET AL. v. CITY OF WEST MONROE</a>&nbsp;(Parish of Ouachita)For the reasons stated herein, we reverse the grant of partial summary judgment in favor of Plaintiffs and grant the City&rsquo;s cross-motion for summary judgment, dismissing all of Plaintiffs&rsquo; claims.&nbsp; REVERSED; JUDGMENT RENDERED.KNOLL, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/12C1566cw12c1572_12c1580.opn.pdf">2012-C -1566 C/W 2012-C -1572 2012-C -1580	JANE DOE v. SOUTHERN GYMS, LLC, ET AL.</a>&nbsp;(Parish of Evangeline) Judge Jefferson D. Hughes III was assigned as Justice pro tempore, sitting for Kimball, C.J. for oral argument, and sits as an elected Justice at the time this opinion is being rendered.For the reasons set forth above, we conclude the district court manifestly erred in finding the threshold requirement of La. C.C.P. art. 591(A)(1)--the class is so numerous that joinder of all members is impracticable--was proved. As a consequence, we find the district court abused its discretion in accepting this matter as a class action and in certifying the class. We therefore reverse the appellate court&rsquo;s judgment affirming the district court&rsquo;s class action certification, reverse the district court&rsquo;s ruling granting the motion for class certification and certifying the class, and remand the case for further proceedings.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/12B2410.opn.pdf">2012-B -2410	IN RE: CHRIS L. BOWMAN</a>Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.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 Chris L. Bowman, Louisiana Bar Roll number 18131, be and he hereby is suspended from the practice of law for six months. All but thirty days of the suspension shall be deferred, subject to respondent&rsquo;s successful completion of a two-year period of unsupervised probation. The probationary period shall commence from the date respondent and the ODC 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.VICTORY, J., dissents and would impose a harsher sanction.&nbsp;<a href="/opinions/2013/12B2460.opn.pdf">2012-B -2460	IN RE: MARK ANDREW MOELLER</a>Judge Jefferson D. Hughes III, was assigned as Justice pro tempore, sitting for Kimball, C.J., for oral argument. He now sits as an elected Justice at the time this opinion is rendered.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 Mark Andrew Moeller, Louisiana Bar Roll number 25798, be and he hereby is suspended from the practice of law for a period of one year and one day. It is further ordered that all but ninety days of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on unsupervised probation for two years governed by the conditions set forth in this opinion. 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.VICTORY, J., dissents and would impose a harsher sanction.&nbsp;
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