May 3, 2017 - 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 #026</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;3rd day of May, 2017, are as follows:&nbsp;BY WEIMER, J.: <a href="/opinions/2017/16C1663.opn.pdf">2016-C-1663 JAZZ CASINO COMPANY, L.L.C. v. CYNTHIA BRIDGES, SECRETARY, LOUISIANA DEPARTMENT OF REVENUE</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, the decision of the appellate court is reversed, and the judgment of the district court is reinstated to the extent that it compels the Secretary of the Louisiana Department of Revenue to refund the amounts that Jazz overpaid in hotel occupancy taxes to the Louisiana Stadium and Exposition District and the New Orleans Exhibition Hall Authority, together with applicable interest, pursuant to La. R.S. 47:1621(D) and in accordance with this opinion. REVERSED; TRIAL COURT JUDGMENT REINSTATED.JOHNSON, C.J., concurs in result.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2017/16C1395.opn.pdf">2016-C-1395 DANIELLE DEON DICKERSON ACURIO v. DR. MICHAEL THOMAS ACURIO</a>&nbsp;(Parish of Bossier) For the reasons expressed above and in light of the strong public policy that favors the community property regime, we hold that for purposes of La. Civ. Code art. 2331, an act under private signature must be duly acknowledged prior to the marriage to be fully perfected and given legal effect. Thus, we reverse the court of appeal judgment and reinstate the district court judgment. We remand the matter to the district court for proceedings consistent with this opinion. REVERSED AND REMANDED.WEIMER, J., dissents and assigns reasons. HUGHES, J., dissents for the reasons assigned by Weimer, J. and assigns additional reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2017/16C0745.opn.pdf">2016-C-0745 DANIELLE LARSON v. XYZ INSURANCE COMPANY, ET AL.</a>&nbsp;(Parish of Orleans) Knoll, J., retired, participated in this decision, which was argued prior to her retirement.The ruling of the court of appeal is affirmed. The matter is remanded to the trial court for further proceedings. AFFIRMED AND REMANDED.WEIMER, J., concurs in the result only and assigns reasons. GUIDRY, J., concurs and assigns reasons. CRICHTON, J., concurs for reasons assigned by Justice Guidry.&nbsp;&nbsp;BY CRICHTON, J.: <a href="/opinions/2017/16CQ1372.opn.pdf">2016-CQ-1372 ERIC BORCIK v. CROSBY TUGS, L.L.C.</a>, (United States Court of Appeals for the Fifth Circuit) We answer the certified question as set forth in this opinion. Pursuant to Louisiana Supreme Court Rule XII, the judgment rendered by this Court upon 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. CERTIFIED QUESTION ANSWERED.&nbsp;<a href="/opinions/2017/16C1809.opn.pdf">2016-C-1809 NEW ORLEANS BULLDOG SOCIETY v. LOUISIANA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, ET AL.</a>&nbsp;(Parish of Orleans) Through the discharge of its duties and responsibilities set forth in the CEA with the City of New Orleans, as well as the receipt of public money as remuneration for such services, we find the LSPCA is functioning as an instrumentality of a municipal corporation, and is therefore subject to the Louisiana Public Records Law, La. R.S. 44:1 et seq. We therefore affirm the court of appeal in that regard. We further find that the reporting requirements contained in the CEA do not satisfy the Public Records Law, as the requirement for access to public records cannot be circumscribed by contract. The LSPCA is required to disclose all documents specifically related to the discharge of its duties and responsibilities outlined in the CEA with the City of New Orleans, and we remand to the district court to determine which documents satisfy that description. AFFIRMED AND REMANDED.HUGHES, J., dissents in part with reasons.&nbsp;&nbsp;BY GENOVESE,J.: <a href="/opinions/2017/16C1534.opn.pdf">2016-C-1534 SUCCESSIONS OF JEANETTE RENA TONEY, WIFE OF/AND RONNIE ROBERT TONEY</a>&nbsp;(Parish of St. Tammany) For the foregoing reasons, the judgment of the lower court is affirmed. AFFIRMED.JOHNSON, C.J., dissents and assigns reasons. WEIMER, J., dissents and assigns reasons. GUIDRY, J., concurs. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;<a href="/opinions/2017/16CC1857.opn.pdf">2016-CC-1857 TODD HUVAL AND CHAD BOYER v. STATE OF LOUISIANA THROUGH THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS, OFFICE OF STATE POLICE, MASTER TROOPER HAL HUTCHINSON, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, LIEUTENANT RHETT TRAHAN, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, INVESTIGATOR BUZZY TRAHAN, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, LIEUTENANT KEVIN DEVALL, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, INVESTIGATOR BART MORRIS, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, INVESTIGATOR HAMPTON GUILLORY, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE, AND LT. COLONEL STANLEY GRIFFIN, INDIVIDUALLY, AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE OF THE OFFICE OF STATE POLICE</a>&nbsp;(Parish of E. Baton Rouge) For the foregoing reasons, we affirm the decisions of the lower courts overruling defendant&rsquo;s exception of lack of subject matter jurisdiction.&nbsp; AFFIRMED.&nbsp;&nbsp;PER CURIAM(S): <a href="/opinions/2017/15K1120.pc.pdf">2015-K-1120 STATE OF LOUISIANA v. MARTIN G. LEMOINE</a>&nbsp;(Parish of Pointe Coupee)Judge James T. Genovese, assigned as Justice ad hoc, sitting for Knoll, J. for oral argument. He now sits as an elected Justice at the time this opinion is rendered.For the foregoing reasons, jurors rationally found that defendant knowingly gave, transferred, maintained an interest in, and/or otherwise made available things of value which he knew to be for the purpose of committing or furthering the commission of the criminal overbilling scheme. We therefore reverse and vacate the First Circuit's ruling and remand to that court for consideration of the two remaining grounds in defendant's motion for post-judgment verdict of acquittal. REVERSED AND REMANDED.CRICHTON, J., dissents and assigns reasons. GENOVESE, J., dissents for the reasons assigned by J. Crichton.&nbsp;<a href="/opinions/2017/15KO1404.pc.pdf">2015-KO-1404 STATE OF LOUISIANA v. GARY D. HOWARD</a>&nbsp;(Parish of Caddo) Other than defendant's unsupported allegations regarding coercion and shows of force, there appears to be nothing showing the court of appeal erred in its determination that Ms. Stewart consented to the search. Therefore, the court below correctly affirmed the conviction. AFFIRMED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;<a href="/opinions/2017/16KK1518.pc.pdf">2016-KK-1518 STATE OF LOUISIANA v. GLENN COOK</a>&nbsp;(Parish of Orleans) Accordingly, we grant the state's application and vacate the district court's ruling. VACATED.WEIMER, J., dissents and assigns reasons. CRICHTON, J., additionally concurs, assigning reasons. GENOVESE, J., dissents for the reasons assigned by Justice Weimer.&nbsp;<a href="/opinions/2017/16C1591.PC.pdf">2016-C-1591 FLOYD SAFFORD v. HAMMERMAN &amp; GAINER INTERNATIONAL, INC. AND NEW ORLEANS FIRE DEPARTMENT</a>&nbsp;(Office of Workers' Compensation, District 8) Accordingly, we recall our order of December 16, 2016 as improvidently granted, and we deny the writ application.WEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;
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