June 29, 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 #036</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;29th day of June, 2016, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2016/15K0484.opn.pdf">2015-K -0484	STATE OF LOUISIANA v. ASHAKI OKUNG KELLY</a>&nbsp;(Parish of Calcasieu) (Molestation of a Juvenile)AFFIRMED IN PART; REVERSED IN PART, AND AMENDED. REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.GUIDRY, J., concurs in part, dissents in part, and assigns reasons. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY WEIMER, J.: <a href="/opinions/2016/15O2096.opn.pdf">2015-O -2096	IN RE: JUDGE JAMES J. BEST EIGHTEENTH JUDICIAL DISTRICT COURT PARISHES OF IBERVILLE, POINTE COUPEE, AND WEST BATON ROUGE STATE OF LOUISIANA</a>For the reasons assigned, it is ordered that Judge James J. Best be suspended from office without pay for fifteen days. It is further ordered that Judge James J. Best reimburse the Judiciary Commission of Louisiana $1,610.71 in costs.JOHNSON, C.J., concurs in part and dissents in part. GUIDRY, J., concurs in part and dissents in part for the reasons assigned by Chief Justice Johnson. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2016/16O0054.opn.pdf">2016-O -0054	IN RE: JUSTICE OF THE PEACE J. ROOSEVELT GREMILLION DISTRICT SEVEN PARISH OF POINTE COUPEE STATE OF LOUISIANA</a>Accordingly, it is ordered, adjudged and decreed that respondent, Justice of the Peace J. Roosevelt Gremillion, District Seven, Parish of Pointe Coupee, State of Louisiana, be removed from office and that his office be declared to be vacant. Furthermore, the respondent is ordered pursuant to La. Sup.Ct. Rule 23, &sect; 26, to refrain from qualifying as a candidate for judicial office for five years and until certified by this court as eligible to become a candidate for judicial office. Finally, pursuant to La. Sup.Ct. Rule 23, &sect; 22, we cast the respondent with $1,547.43 for the costs incurred in the investigation and prosecution of this case. REMOVAL FROM JUDICIAL OFFICE ORDERED.HUGHES, J., dissents in part with reasons.&nbsp;<a href="/opinions/2016/16O0434.opn.pdf" style="font-family:Verdana, Geneva, sans-serif;font-size:12px;"></a><a href="/opinions/2016/16O0434.opn.pdf" style="font-family:Verdana, Geneva, sans-serif;font-size:12px;">2016-O -0434	IN RE: JUDGE J. ROBIN FREE, EIGHTEENTH JUDICIAL DISTRICT COURT, PARISHES OF WEST BATON ROUGE, IBERVILLE, AND POINTE COUPEE, STATE OF LOUISIANA</a> Upon review of the findings and recommendations of the Judiciary Commission, and considering the record filed herein, we find the record establishes by clear and convincing evidence that Respondent violated Canons 1, 2, 2A, 3A(1), 3A(2), 3A(3), and 3C of the Code of Judicial Conduct, as well as La. Const. art. V, &sect; 25(C). Based on our review of the Chaisson factors and the law applicable to this case, we find Respondent&rsquo;s misconduct justifies the recommended sanction of suspension for one year without pay. Accordingly, it is hereby ordered that Judge J. Robin Free of the 18th Judicial District Court for the Parishes of Iberville, Pointe Coupee and West Baton Rouge, be suspended for a period of one year without pay. Judge Free is further cast with costs of this proceeding, and shall pay to the Judiciary Commission the sum of $11,098.68 as reimbursement for expenses incurred by the Commission during its investigation and prosecution of this case, pursuant to Supreme Court Rule XXIII, &sect; 22. SUSPENSION ORDERED.WEIMER, J., dissents in part. CLARK, J., dissents in part and would give lesser sentence.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2016/15C2137CW15C2138.opn.pdf">2015-C -2137 C/W 2015-C -2138	LAFAYETTE BONE &amp; JOINT CLINIC (CHARLES MORRIS), ET AL. v. LOUISIANA UNITED BUSINESS SIF, ET AL.</a> As set forth herein above, we reverse, in part, the appellate court&rsquo;s modification of the amount awarded by the OWC and affirm, in part, the decision of the appellate court to award penalties and attorney fees. REVERSED IN PART; AFFIRMED IN PART.KNOLL, J., concurs and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.:<a href="/opinions/2016/15KA2163.opn.pdf">2015-KA-2163	STATE OF LOUISIANA v. DOMINICK SIMS</a>&nbsp;(Parish of E. Baton Rouge) (Trafficking of Children for Sexual Purposes)For the reasons set forth herein, we reverse and vacate the judgment of the district court and find that R.S. 14:46.3(C)(2) is constitutional, specifically finding that the provisions of R.S. 14:46.3(C)(2) are clear and unambiguous and do not conflict with R.S. 14:46.3(A)(1). The matter is remanded to the district court for further proceedings consistent with this opinion. REVERSED AND REMANDED. REVERSED.HUGHES, J., dissents with reasons.&nbsp;
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