October 15, 2014 - 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 #051</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, 2014, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2014/14KK0282.opn.pdf">2014-KK-0282	STATE OF LOUISIANA v. MAURICE ADDISON HAWLEY</a>&nbsp;(Parish of Bossier) (Driving While Under the Influence)For this reason, we find the court of appeal erred in applying Melendez-Diaz and vacating Mr. Hawley&rsquo;s conviction. We hereby reverse the ruling of the court of appeal and reinstate defendant&rsquo;s conviction. REVERSED AND RENDERED.&nbsp;&nbsp;BY VICTORY, J.: <a href="/opinions/2014/14CA0691.opn.pdf">2014-CA-0691	LOUISIANA FEDERATION OF TEACHERS, EAST BATON ROUGE FEDERATION OF TEACHERS, JEFFERSON FEDERATION OF TEACHERS, NELLIE JOYCE MEARIMAN AND KEVIN JOSEPH DEHART v. STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge)For the reasons stated herein, the judgment of the district court declaring Act 1 of 2012 unconstitutional pursuant to La. Const. art. III, &sect; 15 is reversed and the case is remanded to the district court for further proceedings. REVERSED AND REMANDED.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2014/13C2789.opn.pdf">2013-C -2789	PAUL MASSEY v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY &amp; CORRECTIONS</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, we reverse the judgment of the Court of Appeal and remand this case to the Department of Public Safety and Corrections with instructions to recompute Massey&rsquo;s sentence in accordance with Act 138, the law that was in effect at the time he committed his crimes.&nbsp; REVERSED AND REMANDED TO THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS.VICTORY, J., concurs. WEIMER, J., concurs and assigns reasons. GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2014/14CC0585.opn.pdf">2014-CC-0585	CYNTHIA HOLLIDAY v. BOARD OF SUPERVISORS OF LSU AGRICULTURAL AND MECHANICAL COLLEGE, ETC.</a>&nbsp;(Parish of Orleans)For the foregoing reasons, the judgment of the district court is reversed. We hereby grant defendant&rsquo;s Exception of No Cause of Action. This matter is remanded to district court to allow the plaintiff the opportunity to amend her petition to state a valid cause of action if she can.&nbsp; REVERSED AND REMANDED.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2014/14C0827.opn.pdf">2014-C -0827	JERRY LEE BALDWIN v. THE BOARD OF SUPERVISORS FOR THE UNIVERSITY OF LOUISIANA SYSTEM, THE UNIVERSITY OF LOUISIANA AT LAFAYETTE, AND NELSON SCHEXNAYDER, INDIVIDUALLY, AND IN HIS CAPACITY AS DIRECTOR OF ATHLETICS FOR THE UNIVERSITY OF LOUISIANA AT LAFAYETTE</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, the decision of the court of appeal is reversed and vacated, and the judgment of the trial court granting summary judgment in favor of defendants and dismissing Baldwin's claim for breach of contract is reinstated. This matter is remanded to the trial court for further proceedings.&nbsp; REVERSED AND VACATED; TRIAL COURT JUDGMENT REINSTATED; REMANDED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2014/13C2637CW13C2717.opn.pdf">2013-C -2637 C/W 2013-C -2717	OLYMPIA MINERALS, LLC, ET AL. v. HS RESOURCES, INC., ET AL.</a>&nbsp;(Parish of Beauregard) We find no error in the conclusion that Olympia did not properly raise this issue in the district court; and, like the court of appeal, we decline to reach this issue in the first instance in this court.&nbsp; AFFIRMED IN PART; REVERSED IN PART; AMENDED IN PART; AND REMANDED TO THE COURT OF APPEAL.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2014/14O1528.opn.pdf">2014-O -1528	IN RE: JUSTICE OF THE PEACE STACIE P. MYERS DISTRICT 4, POINTE COUPEE PARISH STATE OF LOUISIANA</a>Accordingly, Justice of the Peace Myers is ordered suspended from judicial office without pay for twelve months, with six months deferred conditioned on her filing the requisite sworn annual financial statements for years 2007, 2008, and 2009 within three months of the date of this judgment. Justice of the Peace Myers is further ordered to reimburse and pay to the Commission $246.70 in costs.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2014/13K1412.opn.pdf">2013-K -1412	STATE OF LOUISIANA v. QUINCY MCKINNIES, JR.</a>&nbsp;(Parish of Jefferson) (Aggravated Assault on a Peace Officer With a Firearm)For the foregoing reasons, the trial court ruling granting a new trial is reversed and vacated and the jury&rsquo;s verdict is reinstated. This matter is remanded to the trial court for sentencing of the defendant. REVERSED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons. VICTORY, J., concurs. HUGHES, J., dissents.&nbsp;<a href="/opinions/2014/14CJ1119.opn.pdf">2014-CJ-1119	C.M.J. v. L.M.C., WIFE OF C.M.J.</a>&nbsp;(Parish of St. Tammany)Retired Judge Thomas C. Wicker, Jr., assigned as Justice ad hoc, sitting for Hughes, J., recused.Accordingly, we reverse the judgment of the court of appeal and reinstate the trial court&rsquo;s custody judgment, as well as the trial court&rsquo;s second judgment, containing the protective order and conditions concerning the mother&rsquo;s visitation privileges. REVERSED; TRIAL COURT JUDGMENTS REINSTATED.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2014/14CC0288.opn.pdf">2014-CC-0288	ROY BUFKIN, JR. v. FELIPE'S LOUISIANA, LLC, ET AL.</a>&nbsp;(Parish of Orleans)Accordingly, the judgment of the district court is reversed, and summary judgment is hereby entered in favor of Shamrock Construction Co., Inc., dismissing this defendant from this action, with prejudice. We remand this matter to the district court for further proceedings consistent with the foregoing. REVERSED; JUDGMENT RENDERED; REMANDED.JOHNSON, C.J., dissents. GUIDRY, J., concurs and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2014/14C0292.opn.pdf">2014-C -0292	ASHANTI GREEN, AS TUTRIX OF THE MINORS, DAVE PETERSON III AND DAVID PETERSON v. MICHAEL JOHNSON, STATE FARM INSURANCE AGENCY, ALLSTATE INSURANCE COMPANY, AND AMERICAN SOUTHERN HOME INSURANCE</a>&nbsp;(Parish of E. Baton Rouge)Accordingly, we reverse the appellate court&rsquo;s affirmance of the district court&rsquo;s summary judgment in favor of Allstate Insurance Company, and we remand the matter to the district court for further proceedings. REVERSED AND REMANDED.VICTORY, J., concurs.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2014/13OB2152.opn.pdf">2013-OB-2152	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-2792</a>After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana. Accordingly, it is ordered that the application for admission be and hereby is granted. ADMISSION GRANTED.VICTORY, J., would deny admission. GUIDRY, J., dissents and would deny admission. CLARK, J., would deny admission and assigns reasons.&nbsp;<a href="/opinions/2014/13OB2575.opn.pdf">2013-OB-2575	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-1913</a>After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana. Accordingly, it is ordered that the application for admission be and hereby is granted. ADMISSION GRANTED.CLARK, J., would deny admission and assigns reasons.&nbsp;<a href="/opinions/2014/13OB2592.opn.pdf">2013-OB-2592	IN RE: COMMITTEE ON BAR ADMISSIONS CFN-1979</a>Accordingly, it is ordered that the application for admission be and hereby is denied. In accordance with Supreme Court Rule XVII, Section 9(D)(13), petitioner may not reapply for admission until two years have passed from the date of this judgment.&nbsp; ADMISSION DENIED.&nbsp;<a href="/opinions/2014/14B1067.opn.pdf">2014-B -1067	IN RE: STACY L. MORRIS</a>Upon review of the findings and recommendations of the hearing committees and disciplinary board, and considering the record, briefs, and oral argument, it is ordered that Stacy L. Morris, Louisiana Bar Roll number 27018, be and she hereby is suspended from the practice of law for three years. It is further ordered that respondent provide an accounting and a refund of unearned fees to the cabdrivers and to the Succession of Doris Mae Lewis, or to the Louisiana State Bar Association&rsquo;s Client Assistance Fund, as applicable. 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/2014/14CK1080.opn.pdf">2014-CK-1080	STATE OF LOUISIANA IN THE INTEREST OF L.D.</a>&nbsp;(Parish of Lafayette)Therefore, the court of appeal&rsquo;s opinion is affirmed. The 15th J.D.C., however, is advised to reevaluate its practices pertaining to delinquency proceedings consistent with the view expressed herein. AFFIRMED.&nbsp;
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