October 15, 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 #059</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;15th day of October, 2013, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2013/13C0583.opn.pdf">2013-C -0583	WASHINGTON PARISH SHERIFF'S OFFICE AND ROBERT J. "BOBBY" CROWE, IN HIS OFFICIAL CAPACITY AS THE DULY ELECTED SHERIFF AND EX-OFFICIO SALES AND USE TAX COLLECTOR FOR WASHINGTON PARISH v. LOUISIANA MACHINERY COMPANY, LLC C/W WASHINGTON PARISH SHERIFF'S OFFICE AND ROBERT J. "BOBBY" CROWE, IN HIS OFFICIAL CAPACITY AS THE DULY ELECTED SHERIFF AND EX-OFFICIO SALES AND USE TAX COLLECTOR FOR WASHINGTON PARISH v. LOUISIANA MACHINERY RENTALS, LLC</a>(Parish of Washington)REVERSED AND REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/13CA1106cw13CA1448.opn.pdf">2013-CA-1106 C/W 2013-CA-1448 CARL KRIELOW, GLENDON MARCEAUX, PHILLIP J. WATKINS AND SIMILARLY SITUATED PLAINTIFFS v. LOUISIANA DEPARTMENT OF AGRICULTURE AND FORESTRY</a>&nbsp;(Parish of E. Baton Rouge) In sum, we hold La. R.S. 3:3534 and La. R.S. 3:3544 are facially unconstitutional. The Rice Statutes delegate the power to impose the assessment, determine the amount of the assessment, and repeal the refund provisions, entirely to the rice producers. And, to the extent the power to set the amount of the assessment is delegated to the Rice Boards, the Rice Statutes do not contain sufficient standards and safeguards to satisfy the test set forth in Schwegmann and All Pro Paint. The Legislature improperly transferred its assessment power to a particular group of private voters who can impose, maintain or revoke the assessment and right to refunds through private elections. As we stated in City of Alexandria, such action is &ldquo;legislative delegation in its most obnoxious form.&rdquo; Thus, we affirm and amend the district court&rsquo;s judgment to declare La. R.S. 3:3534 and La. R.S. 3:3544 unconstitutional in their entirety.&nbsp; AFFIRMED AS AMENDED.&nbsp;<a href="/opinions/2013/12C2504.opn.pdf">2012-C -2504 CATAHOULA PARISH SCHOOL BOARD CATAHOULA PARISH POLICE JURY v. LOUISIANA MACHINERY RENTALS, LLC C/W CATAHOULA PARISH SCHOOL BOARD CATAHOULA PARISH POLICE JURY v. LOUISIANA MACHINERY COMPANY, LLC</a>&nbsp;(Parish of Catahoula)For the reasons set forth herein, we affirm. The court of appeal properly reversed the district court&rsquo;s grants of partial summary judgment and remanded these matters to the district court for further proceedings. AFFIRMED.GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2013/13C0557.opn.pdf">2013-C -0557	JAMES S. STUTTS AND LISA K. STUTTS v. CHAD Z. MELTON AND LAUREN MEADORS MELTON</a>&nbsp;(Parish of Livingston)For the reasons stated herein, the judgment of the court of appeal is reversed and the trial court judgment is reinstated. The case is remanded to the trial court for further proceedings regarding any additional attorney fees incurred since the time of that judgment. REVERSED; TRIAL COURT JUDGMENT REINSTATED; REMANDEDWEIMER, J., concurs and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2013/13C0823.opn.pdf">2013-C -0823	TIMOTHY JOHN RHYMES v. DINA CONSTANTIN RHYMES</a>&nbsp;(Parish of Lafayette)For these reasons, the judgments of the lower courts as to this issue only are vacated and this matter is hereby remanded to the District Court for further proceedings consistent with this opinion. VACATED and REMANDED TO THE DISTRICT COURT.KNOLL, J., additionally concurs. WEIMER, J., concurs and assigns reasons. HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2013/13C0749.opn.pdf">2013-C -0749	REBEL DISTRIBUTORS CORP., INC. D/B/A PHYSICIAN PARTNER AND PHARMACY PARTNER (MARY DOUCET) v. LUBA WORKERS' COMP., ET AL.</a>&nbsp;(Parish of Lafayette)Having found that the court of appeal legally erred in the findings that formed the basis of its sua sponte sustaining of an exception of no right of action, we reverse the decision of the court of appeal and remand these consolidated cased to the court of appeal for consideration of those remaining issues in accordance with the views expressed in this opinion. REVERSED AND REMANDEDJOHNSON, C.J., dissents. VICTORY, J., dissents and assigns reasons GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/13K1271.opn.pdf">2013-K -1271 STATE OF LOUISIANA v. ALEXIS SARRABEA</a>&nbsp;(Parish of Lafayette)For the foregoing reasons, the decision of the court of appeal is affirmed.&nbsp; AFFIRMED.VICTORY, J., dissents with reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2013/13KK0276.opn.pdf">2013-KK-0276 STATE OF LOUISIANA v. BONIFACIO RAMIREZ</a>&nbsp;(Parish of Lafayette) The judgments of the lower courts are reversed and set aside, and judgment is hereby rendered granting defendant&rsquo;s motion to quash. REVERSED.VICTORY, J., dissents with reasons. HUGHES, J., dissents with reasons.&nbsp;<a href="/opinions/2013/13KK0315.opn.pdf">2013-KK-0315 STATE OF LOUISIANA v. ROSA LUGO MARQUEZ</a>&nbsp;(Parish of Lafayette) The judgments of the lower courts are reversed and set aside, and judgment is hereby rendered granting defendant&rsquo;s motion to quash. REVERSED.VICTORY, J., dissents with reasons. HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2013/13C0353.opn.pdf">2013-C -0353	GEORGE T. LUTHER AND JAMIE C. LUTHER v. IOM COMPANY LLC (F/K/A INTRA-OP MONITORING SERVICES LLC), DAN JOACHIM M.D., JOHN PARTRIDGE AND ADMIRAL INSURANCE COMPANY</a>&nbsp;(Parish of Ouachita)For the reasons assigned, we reverse and vacate the decision of the court of appeal and reinstate the district court judgment in favor of the Louisiana Patient&rsquo;s Compensation Fund and against the defendants herein. We remand to the district court for further proceedings. APPELLATE COURT JUDGMENT REVERSED AND VACATED; DISTRICT COURT JUDGMENT REINSTATED; REMANDED FOR FURTHER PROCEEDINGS.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2013/12OB2449.pc.pdf">2012-OB-2449	IN RE: BRANDI MICHELLE SANDERS</a>Accordingly, it is ordered that the application for admission be and hereby is denied. In accordance with Supreme Court Rule XVII, &sect; 9(D)(13), petitioner may not reapply for admission until two years have passed from the date of this judgment. ADMISSION DENIED.&nbsp;<a href="/opinions/2013/13B0491.pc.pdf">2013-B -0491	IN RE: TRENT ANTHONY GARRETT, 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 Trent Anthony Garrett, Sr., Louisiana Bar Roll number 30247, be and he hereby is suspended from the practice of law for one year. It is further ordered that all but six months of the suspension shall be deferred. Following the active portion of the suspension, respondent shall be placed on supervised probation for one year. As a condition of probation, respondent is ordered to attend and successfully complete the Louisiana State Bar Association&rsquo;s Ethics School. 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.VICTORY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2013/13KP0873.pc.pdf">2013-KP-0873	STATE OF LOUISIANA v. ALBERT NORMAN PIERRE</a>&nbsp;(Parish of Terrebonne)Respondent&rsquo;s conviction and sentence are therefore reinstated and this case is remanded to the district court for consideration of respondent&rsquo;s remaining claims for post-conviction relief. CONVICTION AND SENTENCE REINSTATED; CASE REMANDED. <a href="/opinions/2013/13C0890.pc.pdf">2013-C -0890	STATE OF LOUISIANA OFFICE OF RISK MANAGEMENT, LOUISIANA DEPARTMENT OF TRANSPORTATION &amp; DEVELOPMENT v. PATRICK RICHARD</a>&nbsp;(Office of Workers&rsquo; Compensation, District 04)For the reasons assigned, the judgment of the court of appeal is reversed insofar as it holds the State of Louisiana, Department of Transportation and Development is not entitled to offset pursuant to La. R.S. 23:1225(C)(1). The judgment of the Office of Workers&rsquo; Compensation is hereby reinstated and affirmed.&nbsp;<a href="/opinions/2013/13B1176.pc.pdf">2013-B -1176	IN RE: FREDERICK A. STOLZLE, 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 Frederick A. Stolzle, Jr., Louisiana Bar Roll number 12497, be and he hereby is disbarred, retroactive to April 29, 2009, the date of his interim suspension. 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.JOHNSON, C.J., dissents and would suspend three years. WEIMER, J., dissents and assigns reasons.&nbsp;
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