March 17, 2015 - 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 #013</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>The Opinions handed down on the&nbsp;17th day of March, 2015, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2015/14C1475.opn.pdf">2014-C -1475	MICHAEL O. READ v. WILLWOODS COMMUNITY</a>&nbsp;(Parish of Jefferson)Because we find there is no fixed term employment contract, Mr. Read was an at-will employee who could essentially be terminated at any time. Thus, Mr. Read has no enforceable action under Louisiana law for damages for his dismissal. We therefore reverse the ruling of the court of appeal.&nbsp; REVERSED AND RENDERED.&nbsp;<a href="/opinions/2015/14O2515.opn.pdf">2014-O -2515	IN RE: JUDGE SHEVA M. SIMS SHREVEPORT CITY COURT CADDO PARISH STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission)For the reasons assigned, it is ordered that Judge Sheva M. Sims be suspended for 30 days without pay for violating Canons 1, 2A, 3A(1), 3A(2), 3A(3), 3A(4), 3A(7) of the Code of Judicial Conduct, and La. Const. art.V,&sect; 25(C). It is further ordered that Judge Sheva M. Sims reimburse the Judiciary Commission of Louisiana costs totaling $ 4,691.95. KNOLL, J., dissents for the reasons assigned by Justice Guidry. WEIMER, J., concurs and assigns reasons.&nbsp; GUIDRY, J., dissents and assigns reasons.&nbsp;&nbsp;BY KNOLL, J.: <a href="/opinions/2015/14KK1910.opn.pdf">2014-KK-1910	STATE OF LOUISIANA v. GARY LAYTON C/W STATE OF LOUISIANA v. GARY LAYTON</a>&nbsp;(Parish of Orleans)(Admissibility of Evidence)For the foregoing reasons, the Trial Court&rsquo;s judgment excluding evidence of the 1997 charge is reversed and vacated. This matter is remanded to the Trial Court for further proceedings consistent with the views expressed in this opinion. REVERSED AND REMANDED.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2015/14CQ1546.opn.pdf">2014-CQ-1546	SCOTT D. LEMOINE; BEVERLY P. LEMOINE v. ELIZABETH P. WOLFE</a> (Certified Question From the United States Fifth Circuit Court of Appeals)We answer the certified question as set forth in this opinion. Pursuant to Louisiana Supreme Court Rule XII, the judgment rendered by this court on the question certified shall be sent by the clerk of this court under its seal to the United States Court of Appeals for the Fifth Circuit and to the parties.&nbsp; CERTIFIED QUESTION ANSWERED. HUGHES, J., dissents with reasons.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2015/14O2335.opn.pdf">2014-O -2335	IN RE: JUSTICE OF THE PEACE LORNE L. LANDRY PLAQUEMINES PARISH, WARD 8 STATE OF LOUISIANA</a>&nbsp;(Judiciary Commission)Accordingly, it is ordered that Justice of the Peace Landry pay a civil penalty to the State of Louisiana, Judicial Branch, in the amount of $500, plus costs in the amount of $301.50, no later than thirty days from the finality of this judgment. In addition, Justice of the Peace Landry is ordered to file his 2011 financial disclosure statement no later than fifteen days from the finality of this judgment. Failure to comply with the orders of this court may result in a finding of contempt.&nbsp;&nbsp;PER CURIAM: <a href="/opinions/2015/14K0432.opn.pdf">2014-K -0432	STATE OF LOUISIANA v. WAYNE G. TAYLOR A/K/A WAYNE TAYLOR</a>&nbsp;(Parish of Plaquemines)(Unauthorized Entry of a Place of Business))The decision of the Fourth Circuit is therefore reversed, defendant&rsquo;s conviction and sentence are reinstated, and this case is remanded to the court of appeal to address the remaining assignments of error pretermitted on original appeal. DECISION OF COURT OF APPEAL REVERSED; CONVICTION AND SENTENCE REINSTATED; CASE REMANDED.&nbsp;<a href="/opinions/2015/14C1233.opn.pdf">2014-C -1233	NELLIE PIERCE, ET AL. v. ATLANTIC RICHFIELD COMPANY, ET AL.</a>&nbsp;(Parish of Vermilion)Accordingly, the lower courts judgments are reversed, and the case is remanded to the district court for further proceedings. WEIMER, J., concurs, and assigns reasons. GUIDRY, J., concurs and assigns reasons.&nbsp;<a href="/opinions/2015/14KD1526.opn.pdf">2014-KD-1526	STATE OF LOUISIANA v. DAVID J. KOEDERITZ</a>&nbsp;(Parish of Orleans)(Second Degree Battery and False Imprisonment)Judge Scott J. Crichton, assigned as Justice ad hoc, sitting for Justice Jeffrey P. Victory, for oral argument. He now sits as an elected Associated Justice at the time this opinion is rendered.Accordingly, the decision of the district court is reversed in part and affirmed in part and this case is remanded to the court for further proceedings. REVERSED IN PART; AFFIRMED IN PART; CASE REMANDED.CRICHTON, J., additionally concurring.&nbsp;<a href="/opinions/2015/14C1539cw14C1593cw14C1624.opn.pdf">2014-C -1539	C/W	2014-C -1593 C/W	2014-C-1624 BRYON P. GUILLORY, ET UX. v. PELICAN REAL ESTATE, INC., ET AL.&nbsp;</a> (Parish of St. Landry) For the reasons assigned, the judgment of the court of appeal is reversed. The judgment of the district court dismissing plaintiffs' action as abandoned is reinstated. All costs in this court are assessed against plaintiffs.&nbsp;<a href="/opinions/2015/14B2085.opn.pdf">2014-B -2085	IN RE: JAMES A. GRAY II</a>&nbsp;(Disciplinary Counsel)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 James A. Gray, II, Louisiana Bar Roll number 6262, be and he hereby is suspended from the practice of law for two years. It is further ordered that respondent shall participate in the Louisiana State Bar Association&rsquo;s Fee Dispute Resolution Program with Frederick Reed and Peggy Small Burns and refund any unearned fees as ordered by the arbitrator. 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/2015/14B2441.opn.pdf">2014-B -2441	IN RE: PHYLLIS A. SOUTHALL</a>&nbsp;(Disciplinary Counsel) 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 Phyllis Southall, Louisiana Bar Roll number 18693, be and she hereby is suspended from the practice of law for three years, retroactive to January 15, 2014, the date of her interim suspension. Respondent shall conduct a complete audit of her client trust account in a manner approved by the ODC and make any necessary restitution to her clients or third parties. 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.CRICHTON, J., concurs in part and dissents in part with reasons.
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