June 29, 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 #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, 2017, are as follows:&nbsp;BY JOHNSON, C.J.: <a href="/opinions/2017/16C2267.opn.pdf">2016-C-2267 DARVEL BURGESS v. SEWERAGE &amp; WATER BOARD OF NEW ORLEANS</a>&nbsp;(Office of Workers&rsquo; Compensation, District 8) We remand this matter to the OWC for a determination of whether IWP is a permissible out-of-state provider under La. R.S. 23:1203(A). If so, the OWC judge must then determine the amount of reimbursement due after application of La. R.S. 23:1203(B), Lafayette Bone &amp; Joint, and La. R.S. 23:1142. REVERSED AND REMANDED TO THE OFFICE OF WORKERS' COMPENSATION FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.JOHNSON, C.J., additionally concurs and assigns reasons. HUGHES, J., dissents and will assign reasons. GENOVESE, J., dissents and assigns reasons.&nbsp;&nbsp;BY GUIDRY, J.: <a href="/opinions/2017/16C1855cw16C1946.opn.pdf">2016-C-1855 C/W 2016-C-1946 CENTRAL PROPERTIES v. FAIRWAY GARDENHOMES, LLC, ET AL. C/W HUSKER PARTNERS/US BANK D/B/A HUSKER PARTNERS v. FAIRWAY GARDENHOMES, LLC, ET AL. C/W HUSKER PARTNERS/US BANK D/B/A HUSKER PARTNERS v. FAIRWAY GARDENHOMES, LLC, ET AL.</a>&nbsp;(Parish of St. Tammany) Retired Judge Walter James Rothschild, assigned as Justice ad hoc, sitting for Hughes, J., recused.Accordingly, we reverse the judgment of the court of appeal and remand the case to that court for consideration of the pretermitted issues. REVERSED AND REMANDED.JOHNSON, C.J., dissents and assigns reasons.&nbsp;&nbsp;BY CLARK, J.: <a href="/opinions/2017/16K0107.opn.pdf">2016-K-0107 STATE OF LOUISIANA v. THAYER GREEN</a>&nbsp;(Parish of E. Baton Rouge) For the reasons expressed herein, we hold Graham is applicable to a defendant who is adjudicated and sentenced under the Habitual Offender Law to life without parole for a non-homicide offense committed as a juvenile. Accordingly, we affirm defendant&rsquo;s convictions and amend his life sentence under the Habitual Offender Law to delete the restriction on parole eligibility and direct the Department of Corrections to revise defendant&rsquo;s prison masters according to the criteria in La. R.S. 15:574.4(D) to reflect an eligibility date for consideration by the Board of Parole. Further, we remand the matter to the trial court to reconsider the corrected sentence after first conducting an evidentiary hearing to allow defendant the opportunity to establish mitigating circumstances under State v. Dorthey, 623 So. 2d 1276 (1993), and State v. Johnson, 97-1906 (La. 3/4/98), 709 So. 2d 672, and to articulate reasons if consecutive terms are imposed. CONVICTIONS AFFIRMED; SENTENCE AMENDED; AND REMANDED.JOHNSON, C.J., dissents in part and assigns reasons. HUGHES, J., dissents for the reasons given by Johnson, C.J.&nbsp;<a href="/opinions/2017/16CC0625.opn.pdf">2016-CC-0625 PAULA CLAVIER v. COBURN SUPPLY COMPANY, INC., ET AL.</a>&nbsp;(Office of Workers&rsquo; Compensation, District 4) Knoll, J., retired, participating in this decision (argued prior to her retirement) as a justice ad hoc.Accordingly, the September 4, 2015 order of the Office of Workers&rsquo; Compensation is affirmed. AFFIRMEDJOHNSON, C.J., dissents. HUGHES, J., dissents and will assign reasons. KNOLL, J., dissents with reasons.&nbsp;&nbsp;BY HUGHES, J.: <a href="/opinions/2017/16K0377.opn.pdf">2016-K-0377 STATE OF LOUISIANA v. WOODROW KAREY, JR., A/K/A WOODROW KAREY, II</a>&nbsp;(Parish of Calcasieu) For the reasons stated, the judgment of the appellate court is reversed, and the district court judgment, granting the defendant&rsquo;s motion to quash and dismissing the second degree murder indictment, is reinstated. Further, the stay order issued by this court on August 31, 2016 is hereby lifted. APPELLATE COURT JUDGMENT REVERSED; DISTRICT COURT JUDGMENT REINSTATED; STAY LIFTED.GUIDRY, J., dissents for the reasons assigned by Justice Clark. CLARK, J., dissents and assigns reasons. CRICHTON, J., dissents and assigns reasons. GENOVESE, J., concurs in the result.&nbsp;<a href="/opinions/2017/16CC2078.opn.pdf">2016-CC-2078 JAMES E. BOREN v. EARL B. TAYLOR</a>&nbsp;(Parish of St. Landry)Retired Judge Freddie Pitcher, Jr. participated in this decision as Justice Ad Hoc, sitting for Genovese, J., recused in this case.For the reasons stated, we reverse the appellate court decision, upholding the district court&rsquo;s denial of the plaintiff&rsquo;s petition for writ of mandamus, and we remand this matter to the district court with instructions to issue a writ of mandamus to the St. Landry Parish District Attorney, ordering compliance with La. R.S. 44:31 and La. R.S. 44:32, without regard to the provisions of La. R.S. 44:31.1, as to the public records request of plaintiff James E. Boren. We further instruct the district court to assess and award to plaintiff James E. Boren attorney fees, costs, and damages, as appropriate under La. R.S. 44:35. REVERSED; REMANDED TO DISTRICT COURT WITH INSTRUCTIONS.&nbsp;&nbsp;BY GENOVESE, J.: <a href="/opinions/2017/16C2145.opn.pdf">2016-C-2145 JAMES ROBINSON v. THE BOARD OF SUPERVISORS FOR THE UNIVERSITY OF LOUISIANA SYSTEM AND JOEY STURM, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS CHIEF OF POLICE FOR THE UNIVERSITY OF LOUISIANA AT LAFAYETTE</a>&nbsp;(Parish of E. Baton Rouge) For the reasons set forth above, we affirm the jury&rsquo;s finding of age discrimination in favor of plaintiff, James Robinson. However, we find that the jury&rsquo;s damage award of $367,918.00 is not supported by the record; therefore, we amend the jury&rsquo;s damage award to $207,000.00, and affirm the award as amended. Costs are assessed seventy-five percent to defendant, the Board of Supervisors for the University of Louisiana System, and twenty-five percent to plaintiff, James Robinson. AFFIRMED AS AMENDEDWEIMER, J., dissents and assigns reasons.&nbsp;&nbsp;BY PER CURIAM: <a href="/opinions/2017/15K2140cw15K2141.opn.pdf">2015-K-2140 C/W 2015-K-2141 STATE OF LOUISIANA v. CHADWICK MCGHEE</a>&nbsp;(Parish of Avoyelles)Retired Judge Michael Edward Kirby is assigned as Justice ad hoc, sitting for Genovese, J., recused.Accordingly we grant the state&rsquo;s application to reverse the court of appeal&rsquo;s ruling and remand to the court of appeal for consideration of the pretermitted assignments of error. REVERSED AND REMANDED.JOHNSON, C.J., dissents and assigned reasons. HUGHES, J., dissents for the reasons assigned by Johnson, C.J.&nbsp;<a href="/opinions/2017/15K2144.opn.pdf">2015-K-2144 STATE OF LOUISIANA v. JOSEPH MICHAEL MOULTRIE</a>&nbsp;(Parish of Terrebonne) Accordingly, we reverse the court of appeal&rsquo;s ruling and remand for consideration of defendant&rsquo;s claim that the evidence is insufficient to support the conviction.&nbsp; REVERSED AND REMANDEDWEIMER, J., recused. HUGHES, J., dissents for the reasons given by the court of appeal. CRICHTON, J., additionally concurs and assigns reasons. GENOVESE, J., dissents and assigns reasons.&nbsp;<a href="/opinions/2017/17B0068.opn.pdf">2017-B-0068 IN RE: HEATHER M. MURPHY</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the brief filed by the ODC, it is ordered that the name of Heather M. Murphy, Louisiana Bar Roll number 32068, be stricken from the roll of attorneys and that her license to practice law in the State of Louisiana be revoked. Pursuant to Supreme Court Rule XIX, &sect; 24(A), it is further ordered that respondent be permanently prohibited from being readmitted to the practice of law in this state. It is further ordered that respondent shall make restitution to her former clients 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.HUGHES, J., would disbar.&nbsp;<a href="/opinions/2017/17B0067.opn.pdf">2017-B-0067 IN RE: CHARLES L. DIRKS, III</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record and the briefs filed by the parties, it is ordered that Charles L. Dirks, III, Louisiana Bar Roll number 25650, be and he hereby is suspended from the practice of law for sixty days. 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/2017/17CK0182.opn.pdf">2017-CK-0182 STATE OF LOUISIANA IN THE INTEREST OF A.C.</a>&nbsp;(Parish of Washington) Accordingly, we reverse the ruling of the court of appeal and remand for further proceedings in the juvenile court consistent with the views expressed here. We further note that the state, through no fault of its own, has been unable to commence the delinquency adjudication hearing while review of this matter was pending, and our ruling also must become final in accordance with La.C.Cr.P. art. 922(B), before the state can proceed. Therefore, the 90-day time limit has not expired yet and the state has a window, albeit a small one, in which to commence the adjudication hearing. REVERSED AND REMANDEDGENOVESE, J., dissents.&nbsp;&nbsp;
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