January 27, 2016 - 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 #005</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;27th day of January, 2016, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2016/15C1298.opn.pdf">2015-C -1298	STATE OF LOUISIANA v. LYNN E. FORET, M.D.</a>&nbsp;(Parish of E. Baton Rouge)For the above and foregoing reasons, the portions of the July 8, 2014 judgment of the trial court that (1) dismissed all of the State's causes of action filed pursuant to the Sledge Jeansonne Act, and (2) dismissed the State's causes of action under the Unfair Trade Practices Act for activities occurring prior to June 2, 2006, are hereby affirmed. This matter is remanded for further proceedings consistent with the views expressed herein. AFFIRMED.GUIDRY, J., concurs and assigns reasons.&nbsp;BY KNOLL, J.: <a href="/opinions/2016/15C0905.opn.pdf">2015-C -0905	CALVIN ARRANT v. WAYNE ACREE PLS, INC. &amp; LOUISIANA WORKERS' COMPENSATION CORPORATION</a>&nbsp;(Office of Workers' Compensation, District 1E)Accordingly, we reverse and vacate in part that portion of the judgment sustaining the defendants&rsquo; peremptory exception of prescription, and we remand for the OWC to consider the merits of Arrant's claim that the medical director failed to appropriately apply the medical treatment guidelines in denying the lumbar spine magnetic resonance imaging requested by his orthopedic surgeon. In all other respects, we affirm the judgment. AFFIRMED IN PART. REVERSED AND VACATED IN PART. REMANDED.GUIDRY, J., dissents for reasons assigned by Justice Crichton.&nbsp; CRICHTON, J., dissents and assigns reasons.&nbsp;&nbsp;<a href="/opinions/2016/15KK1473cw15KK1486.opn.pdf">2015-KK-1473 C/W 2015-KK-1486	STATE OF LOUISIANA v. ERIK NUNEZ C/W STATE OF LOUISIANA v. BRANDON LICCIARDI C/W STATE OF LOUISIANA v. TYRONE BROWN</a>&nbsp;(Parish of Orleans)(Allotment System of Criminal Cases)For the foregoing reasons, we reverse the decisions of the Court of Appeal granting defendants&rsquo; motions to quash allotment and ordering re-allotment in these cases, and we reinstate the trial Judges&rsquo; denials of said motions. Otherwise, the decisions of the Court of Appeal are affirmed. These cases are remanded for further proceedings consistent with this opinion.&nbsp; REVERSED IN PART; AFFIRMED IN PART; REMANDED.WEIMER, J., dissents with reasons. HUGHES, J., dissents with reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2016/15CA1750.opn.pdf">2015-CA-1750	DERRICK SHEPHERD v. THOMAS SCHEDLER, IN HIS OFFICIAL CAPACITY AS THE SECRETARY OF STATE FOR THE STATE OF LOUISIANA, &amp; JAMES "BUDDY" CALDWELL IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL FOR THE STATE OF LOUISIANA, &amp; PAUL D. CONNICK, JR., IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY FOR THE 24TH JUDICIAL DISTRICT, PARISH OF JEFFERSON, STATE OF LOUISIANA</a>&nbsp;(Parish of E. Baton Rouge)For the reasons assigned, therefore, we find that 1997 La. Acts 1492, which attempted to amend La. Const. art. I, &sect; 10, is null and void because it was not constitutionally adopted, and we affirm the decision below. AFFIRMED.GUIDRY, J., dissents and assigns reasons. CRICHTON, J., concurs and assigns additional reasons.&nbsp;BY GUIDRY, J.: <a href="/opinions/2016/15CJ1429.opn.pdf">2015-CJ-1429	THE STATE OF LOUISIANA IN THE INTEREST OF K.C.C.</a>&nbsp;(Parish of Jefferson)Accordingly, we find the court of appeal erred in reversing the juvenile court&rsquo;s ruling denying the exception of no right of action filed by the parents. The court of appeal&rsquo;s judgment is reversed in part and the matter is remanded to the court of appeal for consideration of the parents&rsquo; assignments of error pretermitted by the appellate court. REVERSED and REMANDED.HUGHES, J., concurs with the result.&nbsp;BY CLARK, J.: <a href="/opinions/2016/14K2260cw14KO2310.opn.pdf">2014-K -2260 C/W 2014-KO-2310	STATE OF LOUISIANA v. VERNON MULLINS</a>&nbsp;(Parish of Sabine)(Aggravated Rape) Accordingly, we reverse the decisions below, vacate the Defendant's conviction and sentence, and remand this case to the District Court for a new trial. REVERSED. CONVICTION AND SENTENCE VACATED. REMANDED FOR NEW TRIAL.WEIMER, J., concurs in the result and assigns reasons.&nbsp; GUIDRY, J., dissents and assigns reasons. CRICHTON, J., concurs in the result and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2016/15C1175.opn.pdf">2015-C -1175	MICHAEL DUNN AND THE CLASS OF SIMILARLY SITUATED PERSONS, KENNER FIRE FIGHTERS ASSOCIATION LOCAL 1427 IAFF v. CITY OF KENNER</a>&nbsp;(Parish of Jefferson)For the reasons set forth herein, we find that the trial court erred in granting Kenner&rsquo;s motion for summary judgment on each of the four types of compensation at issue &ndash; educational incentive pay, seniority incentive pay, holiday pay, and acting pay &ndash; and denying the Firefighters&rsquo; cross-motion for summary judgment. We further hold that the court of appeal was correct to find no genuine issues of material fact that the four payment types must be included as "earnable compensation&rdquo; and that the Firefighters were entitled to judgment as a matter of law, and to its rendering of summary judgment in favor of the Firefighters. Accordingly, we affirm the judgment of the court of appeal. AFFIRMED.HUGHES, J., dissents in part with reasons.&nbsp;PER CURIAM: <a href="/opinions/2016/14K2295.opn.pdf">2014-K -2295	STATE OF LOUISIANA v. QUINT MIRE</a>&nbsp;(Parish of Vermilion)(2nd Degree Murder)Accordingly, the ruling of the court of appeal is reversed and defendant&rsquo;s conviction for second degree murder and sentence of life imprisonment at hard labor without parole eligibility are reinstated. REVERSED.CRICHTON, J., additionally concurs and assigns reasons.
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