December 5, 2018 - 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 #053</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 5th day of December, 2018, are as follows:&nbsp;BY WEIMER, J.:<a href="../../opinions/2018/18-0320.C.OPN.pdf">2018-C-0320 ELIZABETH WEBB v. DANIEL ANDREW WEBB</a> (Parish of Jefferson) The appellate court&rsquo;s ruling that Mr. Webb&rsquo;s fraudulent loan is a community obligation and that Mrs. Webb owes reimbursement for prior payments is hereby reversed.&nbsp; The trial court&rsquo;s ruling, which denied Mr. Webb&rsquo;s reimbursement claims for the fraudulent loan and found that loan to be Mr. Webb&rsquo;s separate obligation, is hereby reinstated.&nbsp; Other aspects of the lower courts&rsquo; rulings are not presently before this court and we express no view on them. REVERSED IN PART; TRIAL COURT RULING REINSTATED.GUIDRY, J., concurs in the result. HUGHES, J., dissents and would affirm the court of appeal. CRICHTON, J., concurs in the result and assigns reasons. GENOVESE,J., concurs in part, dissents in part, and assigns reasons.&nbsp;&nbsp;BY CRICHTON, J.:<a href="../../opinions/2018/16-1841.KA.OPN.pdf">2016-KA-1841 STATE OF LOUISIANA v. LEE TURNER, JR.</a> (Parish of E. Baton Rouge) This is a direct appeal under La. Const. art. V, &sect; 5(D) by defendant, Lee Turner, Jr., who was indicted by a grand jury for the first degree murders of Edward Gurtner, III and Randy Chaney, committed while engaged in the perpetration of armed robbery. Following the close of evidence, a jury unanimously found defendant guilty of two counts of first degree murder and, at the conclusion of the penalty phase of the trial, unanimously recommended sentences of death. In his appeal, defendant raises 32 assignments of error.&nbsp; Finding merit to defendant&rsquo;s assignment of error related to his &ldquo;reverse-Witherspoon&rdquo;&nbsp; challenge, his sentences are hereby vacated. Finding no merit to his remaining challenges, his convictions are affirmed, and this matter is remanded to the trial court for further proceedings. CONVICTIONS AFFIRMED; DEATH SENTENCES REVERSED; CASE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.GUIDRY, J., concurs in part, dissents in part, and assigns reasons. HUGHES, J., concurs in part and dissents in part for the reasons assigned by Guidry, J.&nbsp;&nbsp;BY GENOVESE,J.:<a href="../../opinions/2018/18-0728.CA.OPN.pdf">2018-CA-0728 IVAN I. SMITH, JR. AND GLORIA G. SMITH v. KIMBERLY L. ROBINSON, SECRETARY OF THE DEPARTMENT OF REVENUE, STATE OF LOUISIANA</a> (Parish of E. Baton Rouge) This case comes to this Court on direct appeal from the Nineteenth Judicial District Court of East Baton Rouge Parish pursuant to Louisiana Constitution Article V, &sect; 5(D)&nbsp; upon a declaration by that court that 2015 La. Acts No. 109 (&ldquo;Act 109&rdquo;), which amended La.R.S. 47:33, is unconstitutional. Plaintiffs, Ivan I. Smith, Jr. and Gloria G. Smith (collectively &ldquo;Taxpayers&rdquo;), are Louisiana residents and part owners of several limited liability companies (&ldquo;LLC&rdquo;) and Subchapter S corporations (&ldquo;S corporation&rdquo;) that transact business in Texas, Arkansas, and Louisiana.&nbsp; Defendant herein is Kimberly L. Robinson, in her capacity as Secretary of the Department of Revenue of the State of Louisiana (the &ldquo;Department&rdquo;).&nbsp;&nbsp; Taxpayers filed the instant suit seeking recovery of income taxes paid under protest.&nbsp; At issue is whether Act 109, which amended La.R.S. 47:33, a state income tax statute that provides a credit to taxpayers for income taxes paid in other states, violates the dormant Commerce Clause of the United States Constitution. For the reasons herein set forth, we conclude that Act 109, which amended La.R.S. 47:33, violates the dormant Commerce Clause of the United States Constitution. Consequently, the judgment of the district court is hereby affirmed. AFFIRMED.Retired Judge Freddie Pitcher, Jr., assigned as Justice ad hoc, sitting for Crichton, J., recused. CRICHTON, J., recused.&nbsp;&nbsp;PER CURIAM:<a href="../../opinions/2018/17-0908.K.OPN.pdf">2017-K-0908 STATE OF LOUISIANA&nbsp; v. JEREMY WILSON</a> (Parish of Washington) We find that the trial court's evidentiary rulings, when combined with its failure to properly address the attendant privilege invocations, violated defendant's right to present a defense. Therefore, we reverse the judgment of the court of appeal, and remand this matter to the district court for a new trial. REVERSED AND REMANDED.GUIDRY, J., dissents and assigns reasons.&nbsp;<a href="../../opinions/2018/18-0849.B.OPN.pdf">2018-B-0849 IN RE: MICHAEL SEAN REID</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 Michael Sean Reid, Louisiana Bar Roll number 27622, be and he hereby is disbarred, retroactive to December 9, 2016, the date of his interim suspension.&nbsp; His name shall be stricken from the roll of attorneys, and his license to practice law in the State of Louisiana shall be revoked.&nbsp; It is further ordered that respondent shall provide accountings and make restitution to the clients who are the subjects of the formal charges and/or to the Client Assistance Fund, as appropriate.&nbsp; 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.CLARK, J., dissents for the reasons assigned by Justice Crichton. CRICHTON, J., dissents, would impose permanent disbarment, and assigns reasons.&nbsp;<a href="../../opinions/2018/18-1076.B.OPN.pdf">2018-B-1076 IN RE: GREGORY COOK</a> 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 Gregory Cook, Louisiana Bar Roll number 34268, be and he hereby is suspended from the practice of law for a period of six months.&nbsp; It is further ordered that all but thirty days of this suspension shall be deferred.&nbsp; Following the active portion of the suspension, respondent shall be placed on unsupervised probation for a period of one year, subject to the conditions set forth in this opinion.&nbsp; The probationary period shall commence from the date respondent and the ODC execute a formal probation plan.&nbsp; Any failure of respondent to comply with the conditions of probation, or any misconduct during the probationary period, may be grounds for making the deferred portion of the suspension executory, or imposing additional discipline, as appropriate.&nbsp; 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.WEIMER, J., concurs in part, dissents in part and assigns reasons. HUGHES, J., concurs in part, dissents in part and would fully defer the period of suspension.&nbsp;<a href="../../opinions/2018/18-1233.B.OPN.pdf">2018-B-1233 IN RE: SALVADOR R. PERRICONE</a> Upon review of the findings and recommendations of the hearing committee and disciplinary board, and considering the record, the briefs, and oral argument, it is ordered that Salvador R. Perricone, Louisiana Bar Roll number 10515, be and he hereby is disbarred.&nbsp; His name shall be stricken from the roll of attorneys, and his license to practice law in the State of Louisiana shall be revoked.&nbsp; 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.Retired Judge Gay Gaskins, assigned as Justice ad hoc, sitting for Guidry, J., recused. Retired Judge Hillary Crain, assigned as Justice ad hoc, sitting for Weimer, J., recused. WEIMER, J., recused. GUIDRY, J., recused. CRICHTON, J., additionally concurs and assigns reasons.&nbsp;&nbsp;
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